Legal Opinion

Salvatore D. v. Shyou H.

Appellate Division of the Supreme Court of the State of New York

Decided October 20, 2011PublishedCited by 1 opinion

1Opinion of the Court

The Support Magistrate properly ordered child support based on the needs of the child, since respondent presented insufficient evidence to determine her gross income (see Family Ct Act § 413 [1] [k]; Matter of Childress v Samuel, 27 AD3d 295, 296 [2006]). Respondent’s stated expenses were more than twice the income reflected on her tax return. The Support Magistrate found incredible respondent’s testimony regarding her employment, her living situation and loans from her employer and brother. There is no basis to disturb those findings (Childress, 27 AD3d at 296).

The Support Magistrate…

2Cases cited3 opinions

  1. Graby v. GrabyNew York Court of Appeals · 1996
  2. Culhane v. HoltAppellate Division of the Supreme Court of the State of New York · 2006
  3. Childress v. SamuelAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by1 opinion

  1. Matter of Alexis F. v. Noëlle P.Appellate Division of the Supreme Court of the State of New York · 2015

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