Priester v. Harp

Appeal from an order of the Family Court of Saratoga County (Ferradino, J.), entered November 8, 1982, which, inter alia, directed respondent to pay $55 per week and $1,100 in arrearages for the support of his child. The record shows that petitioner commissioner has expended some $176.73 weekly for the support and therapy for respondent’s 15-year-old son who had been adjudicated a juvenile delinquent and placed in foster care. Following a hearing to determine petitioner’s costs, whether respondent is chargeable with support, and, if chargeable, the amount he is able to contribute thereto, the above-described order, from which respondent has appealed, was made.^[1] Respondent first contends that the failure of the court to recite findings of fact in the support order is violative of CPLR 4213 (subd [b]), which provides, in pertinent part, that “[t]he decision of the court may be oral or in writing and shall state the facts it deems essential” to its determination (see Matter of Jose L.I., 46 NY2d 1024 , cert den 444 US 1087 ; Matter of Commissioner of Social Seros, v George C., 78 AD2d 541 ; see, also, Family Ct Act, § 165). While the court need not set forth evidentiary facts, it must state ultimate facts, that is, those facts upon which the rights and liabilities of the parties depend (see Rosen Trust v Rosen, 53 AD2d 342 , 361, affd 43 NY2d 693 ). However, since the record here is complete, this court is empowered to, and will make, the required findings of fact in the interests of saving judicial time and further litigation (Matter of Commissioner of Social Seros, v George C., supra). In exercising this authority, we are not unmindful of this court’s recent decision in Giordano v Giordano ( 93 AD2d 310 ), where we declined to exercise our power to review the record and remitted the case to Family Court for an appropriate statement of facts. That case, however, may be distinguished as having dealt with a motion to modify a prior custody order, best resolved by the trial court. Here, effective appellate review of respondent’s support obligations may properly be determined on the record before us. From this record, it appears that respondent has an annual income of $58,130, some $1,114.83 per week. Nevertheless, he alleges that the cost of living and his debt liquidation results in a deficit. However, he did receive an income tax refund of $3,200 and it appears that certain items claimed as monthly expenses could better be allocated for payment toward support and treatment of his son. For example, $220.21 for insurance, $17.67 for haircuts, $10.83 for small appliance repairs, $5.82 for salt, $12.73 for school supplies, and $850.03 for food can all be reduced to provide for payment of the modest sum of $55 per week for support.