| Matter of Gebaide v McGoldrick |
| 2010 NY Slip Op 04998 [74 AD3d 966] |
| June 8, 2010 |
| Appellate Division, Second Department |
| In the Matter of Neil Gebaide, Appellant, v Susan GebaideMcGoldrick, Respondent. |
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In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Queens County (Hunt, J.), dated July 17, 2009, which denied hisobjections to an order of the same court (Borofsky, S.M.), dated May 22, 2009, which, after ahearing, inter alia, directed the mother to pay child support in the sum of only $63 per week.
Ordered that the order dated July 17, 2009, is affirmed, without costs or disbursements.
" 'A Support Magistrate is afforded considerable discretion in determining whether to imputeincome to a parent . . . and that determination may properly be based upon aparent's prior employment experience' " (Matter of Genender v Genender, 51 AD3d 669, 670 [2008],quoting Matter of Bibicoff vOrfanakis, 48 AD3d 680, 681 [2008]; see Matter of Hurd v Hurd, 303 AD2d928 [2003]), "money, goods, or services provided by relatives and friends" (Family Ct Act§ 413 [1] [b] [5] [iv] [D]; see Ivani v Ivani, 303 AD2d 639 [2003]), or the incomesuch parent is capable of earning "by honest efforts, given his [or her] education andopportunities" (Kay v Kay, 37 NY2d 632, 637 [1975]; see Matter of Genender v Genender,51 AD3d 669, 670 [2008]; Matterof Thompson v Perez, 42 AD3d 503, 504 [2007]). Contrary to the father's contention,the amount of income imputed to the mother by the Support Magistrate was supported by therecord.
The father's remaining contentions are without merit. Dillon, J.P., Miller, Chambers andLott, JJ., concur.