Majority
p. 669In the Matter of Galina Ross, Respondent, v Eric Ross, Appellant. [933 NYS2d 885]
The Family Court reasonably found that the father has the ability to pay child support in the sum of $716.32 per month {see Family Ct Act § 413). “A support magistrate is afforded considerable discretion in determining whether to impute income to a parent” (Matter of Julianska v Majewski, 78 AD3d 1182 , 1183 [2010]), and we accord deference to a support magistrate’s credibility determinations (see Matter of Feng Lucy
p. 670
Luo v Yang, 89 AD3d 946 , 947 [2d Dept 2011]; Matter of Tsarova v Tsarov, 59 AD3d 632 , 633 [2009]). Here, the Support Magistrate’s findings regarding the father’s income, which were based on credibility determinations, are supported by the record. Accordingly, they should not be disturbed (see Matter of Gebaide v McGoldrick, 74 AD3d 966 , 967 [2010]; Matter of Kennedy v Ventimiglia, 73 AD3d 1066 [2010]).
The father’s remaining contentions either are without merit or refer to matter dehors the record. Florio, J.E, Hall, Austin and Cohen, JJ., concur.
Cases cited
- Julianska v. Majewski 78 AD3d 1182 at 1183 p. 669
- Feng Lucy Luo v. Yang 89 AD3d 946 at 947 p. 670
- Tsarova v. Tsarov 59 AD3d 632 at 633 p. 670
- Gebaide v. McGoldrick 74 AD3d 966 at 967 p. 670
- Kennedy v. Ventimiglia 73 AD3d 1066 p. 670