| Matter of Spratt v Fontana |
| 2008 NY Slip Op 04880 [51 AD3d 1034] |
| May 27, 2008 |
| Appellate Division, Second Department |
| In the Matter of Maureen Spratt, Respondent, v Brett D.Fontana, Appellant. |
—[*1] Lawrence A. Weinreich, Jericho, N.Y., for respondent.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Nassau County (Marks, J.), dated November 7, 2007, which deniedhis objections to an order of the same court (Kahlon, S.M.), dated August 8, 2007, which, after ahearing, granted the mother's petition for an upward modification of his child support obligationas set forth in a judgment of divorce, from the monthly sum of $1,325 to the monthly sum of$2,129.
Ordered that the order dated November 7, 2007 is affirmed, with costs.
The Family Court providently exercised its discretion in applying the statutory percentage of29% (see Family Ct Act § 413 [1] [b] [3] [iii]) to the portion of the parents'combined income which exceeded $80,000 (see Family Ct Act § 413 [1] [c] [1],[2], [3]; Matter of Cassano v Cassano, 85 NY2d 649, 655 [1995]; Levy v Levy,39 AD3d 487, 488 [2007]; Matter of Lachman v LeJemtel, 19 AD3d 421, 421-422[2005]; Mellen v Mellen, 260 AD2d 609, 610 [1999]). The Family Court sufficientlyarticulated the reasons for applying the statutory percentage to the combined income over$80,000 and its determination indicates that it carefully considered the parties' circumstances andthe children's needs (see Matter of Cassano v Cassano, 85 NY2d at 655; Anderson vAnderson, 50 AD3d 610 [2008]; Bains v Bains, 308 AD2d 557, 559 [2003];Mellen v Mellen, 260 AD2d at 610).
The father's remaining contentions are without merit. Rivera, J.P., Spolzino, Dickerson andEng, JJ., concur.