| Matter of Ana Luisa B. v Paul H.A. |
| 2009 NY Slip Op 01329 [59 AD3d 289] |
| February 24, 2009 |
| Appellate Division, First Department |
| In the Matter of Ana Luisa B., Respondent, v Paul H.A.,Appellant. |
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Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about July 18,2007, which denied respondent father's objections to the Support Magistrate's order grantingpetitioner mother's application for counsel fees to the extent of directing respondent to paypetitioner $6,682.63, unanimously affirmed, without costs. Appeal from order, same court andJustice, entered on or about December 20, 2007, which denied respondent's motion to reargue,unanimously dismissed, without costs, as taken from a nonappealable order.
The record supports the court's finding that the proceedings were complicated and discoveryprolonged by respondent's unwillingness or inability to disclose in full his financialcircumstances, and that the income disclosed in respondent's tax returns is insufficient to coverhis basic living expenses, child support obligation, and other expenditures, including attorneys'fees. Thus, although petitioner failed to substantiate her suspicions that respondent hasundisclosed income or assets, under all of the circumstances, including respondent's substantiallygreater assets, it was a provident exercise of discretion to direct him to pay half of the attorneys'fees incurred by petitioner in proceedings seeking modification and enforcement of a childsupport order (Family Ct Act § 438 [a]; see Anna-Sophia L. v Paul H., 52 AD3d 313 [2008]; see also Kahn v Oshin-Kahn, 43 AD3d253 [2007] [mother entitled to an award of attorneys' fees notwithstanding that fatherentitled to a reduction of his maintenance and child support obligations]; see generallyO'Shea v O'Shea, 93 NY2d 187, 193 [1999]). We have considered and rejected respondent'sother arguments. Concur—Andrias, J.P., Sweeny, McGuire and DeGrasse, JJ.