Matter of Maria C. v Jorge R.
2009 NY Slip Op 02889 [61 AD3d 518]
April 16, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


In the Matter of Maria C., Respondent,
v
Jorge R., Appellant.

[*1] Nancy Botwinik, New York, for appellant.

Steven N. Feinman, White Plains, for respondent.

Order, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about May 5, 2008, which denied respondent's objection to a Magistrate's order of support directing payment of child support in the amount of $82 per week, plus a retroactive lump-sum payment of $3,199, unanimously affirmed, without costs.

Since respondent provided insufficient evidence to allow the Support Magistrate to determine his gross income and its application to various asserted medical conditions, the Magistrate had no option but to base his determination of child support on the child's needs (Family Ct Act § 413 [1] [k]), rather than on respondent's means (§ 413 [1] [a]; see Matter of Denham v Kaplan, 16 AD3d 685 [2005]).

We have considered respondent's other arguments and find them unavailing. Concur—Gonzalez, P.J., Nardelli, Catterson, Moskowitz and Renwick, JJ.