| Matter of Hicks v Hicks |
| 2011 NY Slip Op 06844 [87 AD3d 1143] |
| September 27, 2011 |
| Appellate Division, Second Department |
| In the Matter of Linda Hicks, Respondent, v John Hicks,Appellant. |
—[*1] Linda Giampia-Hicks, Pawling, N.Y., respondent pro se.
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, Dutchess County (Posner, J.),dated August 20, 2010, as denied his objections to so much of an order of the same court(Kaufman, S.M.) entered July 2, 2010, as, after a hearing, directed him to pay child support in theamount of $200 per week.
Ordered that the order dated August 20, 2010, is affirmed insofar as appealed from, withcosts.
There is no merit to the father's contention that the Support Magistrate erred in entering anorder of support without knowledge of the father's income (see Family Ct Act §413 [1] [c] [1], [2]; cf. § 424-a [b]). Where, as here, there is insufficient evidenceto determine gross income, the Child Support Standards Act provides that "the court shall orderchild support based upon the needs or standard of living of the child, whichever is greater"(Family Ct Act § 413 [1] [k]; seeMatter of Tsarova v Tsarov, 59 AD3d 632 [2009]). The Support Magistrate properlydetermined the amount of support based on the evidence adduced at the hearing, which includedevidence of the child's needs and expenses (see Matter of Ennis v Pina, 78 AD3d 830, 831 [2010]; Matter of Tsarova v Tsarov, 59 AD3d632 [2009]; Matter of Genender vGenender, 51 AD3d 669 [2008]).
The father's remaining contentions are not properly before this Court as they were not raisedin his objections to the Support Magistrate's order dated July 2, 2010 (see Matter of Betancourt v Betancourt,71 AD3d 764, 765 [2010]; Matterof Forman v Frost, 67 AD3d 908, 909 [2009]; Matter of Primus v Mason-Primus, 63 AD3d 743, 744 [2009]; Matter of Corr v Corr, 3 AD3d567 [2004]). Skelos, J.P., Eng, Austin and Miller, JJ., concur.