| Matter of Jennifer H.S. v Damien P.C. |
| 2008 NY Slip Op 03962 [50 AD3d 588] |
| April 29, 2008 |
| Appellate Division, First Department |
| In the Matter of Jennifer H.S., Appellant, v Damien P.C.,Respondent. In the Matter of Damien P.C., Respondent, v Jennifer H.S.,Appellant. |
—[*1] Warren L. Millman, Brooklyn, for respondent.
Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about October 5,2007, denying appellant mother's objections to the Support Magistrate's orders, dated March 30,2007, inter alia, directing her to pay child support in the amount of $245.97 a week, unanimouslyaffirmed, without costs.
The Family Court properly sustained the Support Magistrate's finding that the father was thecustodial parent for child support purposes, given that the children currently reside with him themajority of the time (see Bast v Rossoff, 91 NY2d 723, 728 [1998]; cf. Baraby vBaraby, 250 AD2d 201 [3d Dept 1998]).
The Support Magistrate providently exercised his discretion in imputing income to themother based on her earning potential (see Family Ct Act § 413 [1] [b] [5] [v]; Matter of Culhane v Holt, 28 AD3d251, 252 [2006]). The mother's pro rata share of the children's unreimbursed health careexpenses, determined to be $45.07 per week (Family Ct Act § 413 [1] [c] [5]), is not"unjust or inappropriate" (§ 413 [1] [f]). The Support Magistrate's credibility findings areaccorded "great deference" (Matter of Andre v Warren, 192 AD2d 491, 491 [1993]), andthere is no indication that the Magistrate was biased against the mother.
The Support Magistrate did not abuse his discretion in not ordering the father to maintain lifeinsurance for the benefit of the children, in excess of that which was voluntarily maintained (see Gina P. v Stephen S., 33 AD3d412 [2006]; Family Ct Act § 416 [b]).
The mother's argument that the court erred in not awarding her counsel fees is unpreserved,since she did not object to the Support Magistrate's determination not to award her [*2]such fees, and we decline to review it (see generally Matter of Vermont Dept. ofSocial Welfare v Louis T., 25 AD3d 515 [2006]). Concur—Saxe, J.P., Nardelli,Buckley and Catterson, JJ.