| Matter of Jones v Smith |
| 2009 NY Slip Op 01121 [59 AD3d 546] |
| February 10, 2009 |
| Appellate Division, Second Department |
| In the Matter of William Jones, Appellant, v Tina Smith,Respondent. |
—[*1]
In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1),as limited by his brief, from so much of an order of the Family Court, Queens County (Blaustein,S.M.), dated July 20, 2007, as, after a hearing, granted his petition for a downward modificationof his child support obligation only to the extent of directing him to pay the sum of $334 permonth and fixing his arrears for child support in the sum of $10,770, and (2) from an order of thesame court (McGowan, J.) dated April 25, 2008, which denied his objections to the order datedJuly 20, 2007.
Ordered that the appeal from the order dated July 20, 2007 is dismissed, without costs ordisbursements, as that order was superseded by the order dated April 25, 2008; and it is further,
Ordered that the order dated April 25, 2008 is affirmed, without costs or disbursements.
"Social Security disability dependents' benefits are an entitlement granted by Congress tochildren at no purchase cost to the disabled parent" (Matter of Graby v Graby, 87 NY2d605, 611 [1996]). "[A]lthough a dependent child's Social Security benefits are derived from thedisabled parent's past employment, they are designed to supplement existing resources, and arenot intended to displace the obligation of the parent to support his or her children" (id.;see Matter of Dorosky v Herald, 52AD3d 829 [2008]; Matter of Pinto v Putnam County Support Collection Unit, 295AD2d 350, 352 [2002]). Accordingly, there is no merit to the father's argument that his son'sderivative Social Security benefits may serve as a credit against his child support obligation (see Matter of Wrighton v Wrighton, 23AD3d 669, 670 [2005]; Matter of Commissioner of Social Servs. [Rosa Lidia T.] v LuisAlonso G., 7 AD3d 388 [2004]). Rivera, J.P., Miller, Carni and McCarthy, JJ., concur.