| Matter of Jackson v Tompkins |
| 2009 NY Slip Op 06550 [65 AD3d 1148] |
| September 15, 2009 |
| Appellate Division, Second Department |
| In the Matter of Curtis James Jackson,Respondent, v Shaniqua Tompkins, Appellant. |
—[*1] Brett Kimmel, P.C., New York, N.Y., for respondent.
In a child support proceeding pursuant to Family Court Act article 4, the mother appealsfrom an order of the Family Court, Suffolk County (Budd, J.), entered May 5, 2008, whichdenied her objections to so much of an order of the same court (Fields, S.M.), entered January17, 2008, as, after a hearing, directed the father to pay the sum of only $6,700 in monthly childsupport.
Ordered that the order entered May 5, 2008, is affirmed, with costs.
As we have previously held, "in high income cases, the appropriate determination underFamily Court Act § 413 (1) (f) for an award of child support on parental income in excessof $80,000 should be based on the child's actual needs and that amount that is required for thechild to live an appropriate lifestyle, rather than the wealth of one or both parties" (Matter of Brim v Combs, 25 AD3d691, 693 [2006]). In this case, the Support Magistrate discredited most of the evidenceadduced by the mother of the subject child concerning the child's actual expenses, andendeavored to make a fair determination of how much the child would need for his expenses tobe covered and for him to live comfortably (see Matter of Vladlena B. v Mathias G., 52 AD3d 431 [2008]). Weagree with the Family Court that there is no basis to disturb the Support Magistrate'sdetermination.
The mother's remaining contentions are either unpreserved for appellate review or withoutmerit. Mastro, J.P., Santucci, Eng and Lott, JJ., concur.