| Matter of Maurer v Maurer |
| 2008 NY Slip Op 09602 [57 AD3d 548] |
| December 2, 2008 |
| Appellate Division, Second Department |
| In the Matter of Barbara Maurer, Respondent, v RobertMaurer, Appellant. |
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In a child support proceeding pursuant to Family Court Act article 4, the father appeals from anorder of the Family Court, Suffolk County (Budd, J.), dated February 13, 2008, which denied hisobjections to an order of the same court (Fields, S. M.), dated November 14, 2007, which, after ahearing, granted the mother's petition for child support, including college expenses.
Ordered that the order is affirmed, without costs or disbursements.
The Family Court providently exercised its discretion in granting the mother's petition for childsupport. The Family Court properly determined each party's pro rata share of child support based onincome below $80,000 (see Family Ct Act § 413 [1] [c]), declining to calculate thechild support obligation based on the combined parental income in excess of $80,000, since the basicchild support obligation derived by application of the statutory formula would not be unjust orinappropriate (see Family Ct Act § 413 [1] [f], [g]; Matter of Cassano vCassano, 85 NY2d 649 [1995]; Matter of Awwad v Awwad, 295 AD2d 603 [2002]).The Family Court also providently exercised its discretion in determining that the father shall contribute50% of the subject child's college education costs based on comparable expenses for a SUNY school(see Family Ct Act § 413 [1] [c] [7]; Matter of Holliday v Holliday, 35 AD3d 468 [2006]; Matter ofMcLoughlin v McLoughlin, 213 AD2d 650 [1995]).
There is no support in the record for the father's contention that the Support Magistrate was biased[*2]against him. The parties had ample opportunity to present evidenceat the hearing, and the Support Magistrate was in the best position to assess the credibility of thewitnesses and the evidence proffered (seeMatter of Donato v Donato, 43 AD3d 920 [2007]).
The father's remaining contentions are either unpreserved for appellate review or based on matterdehors the record and not properly before us. Rivera, J.P., Dillon, Covello and McCarthy, JJ., concur.