| Matter of Gregory v Gregory |
| 2009 NY Slip Op 09028 [68 AD3d 770] |
| December 1, 2009 |
| Appellate Division, Second Department |
| In the Matter of Pearlie Mae Gregory,Respondent, v Belvin Gregory, Jr., Appellant. Nassau County Department of SocialServices, Intervenor Respondent. |
—[*1] Lorna B. Goodman, County Attorney, Mineola, N.Y. (Jackie L. Gross of counsel), forintervenor respondent.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals, aslimited by his brief, from so much of an order of the Family Court, Nassau County (Greenberg,J.), dated May 16, 2008, as denied his objection to so much of an order of the same court(Watson, S.M.), dated March 7, 2008, as, after a hearing, directed him to pay child support to theNassau County Department of Social Services in the sum of $26,006.26.
Ordered that the order dated May 16, 2008, is affirmed insofar as appealed from, withoutcosts or disbursements.
The father and the mother married in 1985 and had three children. In 2001 the parentsphysically separated and the mother retained custody of the children. At some unspecified time,the parents agreed that the father would have primary custody of their two sons, and the motherwould have primary custody of their daughter. Although there was no written agreement or courtorder concerning child support, the father claims that he and the mother agreed that each parentwould support the child or children in her or his custody, respectively.
Thereafter, the mother applied for and was awarded public assistance. The mother receivedpublic assistance from August 1, 2004 until May 31, 2007, in the total amount of $26,830.67, ofwhich the sum of $13,415.44 was attributable to the support of the parties' daughter, who was thechild in her custody. In May 2007 the mother commenced this Family Court Act article 4proceeding seeking child support for the parties' daughter. The Nassau County Department ofSocial Services (hereinafter the NCDSS) intervened in the proceeding, seeking payment of childsupport from the father, which sum included the money it had paid to the mother on behalf of theparties' daughter. After a hearing, the Support Magistrate calculated the father's supportobligation for his daughter for the subject period to be $26,006.26, and directed him to pay thatamount to the NCDSS. The father filed objections, the Family Court denied the objections, andthe father now appeals.[*2]
Initially, contrary to the NCDSS's position, despite thefather's failure to file a complete transcription of the entire hearing with either the Family Courtor this Court, the appeal should not be dismissed since the appendix he submitted is sufficient forthe purpose of reviewing the issues he raises (cf. Martin v Dominick, 280 AD2d 586[2001]). Turning to the merits, the Family Court's directive that the father pay the NCDSS thesum of $26,006.26 was proper. Since the support obligation of a parent of a child receivingpublic assistance is measured by the child's needs and the parent's means, not by the amount ofpublic assistance paid on behalf of the child, the Family Court acted properly in declining tolimit the amount required to be paid by the father to the NCDSS to the child's share of the publicassistance grant (see Matter of Commissioner of Social Servs. v Segarra, 78 NY2d 220[1991]). Furthermore, contrary to the father's contention, he was not entitled to offset allegedunpaid child support from the mother against the amount he owed to the NCDSS. Indeed, duringthe relevant time period, there was no support obligation imposed upon the mother for thechildren who were in the custody of the father.
The father's remaining contentions are without merit. Mastro, J.P., Belen, Hall and Austin,JJ., concur.