| Matter of Jaco v Sanders |
| 2012 NY Slip Op 00518 [91 AD3d 871] |
| January 24, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Lilian Jaco, Respondent, v Juan L. Sanders, Appellant. |
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In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Queens County (Lubow, J.), dated March 23, 2011, which denied his objection to so much of an order of the same court (Blaustein, S.M.), dated December 21, 2010, as, after a hearing, directed him to pay child support in the sum of $68 per week.
Ordered that the order dated March 23, 2011, is affirmed, without costs or disbursements.
Since the father presented insufficient evidence to establish his income, the Support Magistrate correctly awarded child support based on the needs of the child (see Family Ct Act § 413 [1] [k]; Matter of Tsarova v Tsarov, 59 AD3d 632, 633 [2009]; Evans v Evans, 57 AD3d 718, 718 [2008]; Matter of Mohammed v Aziz, 43 AD3d 1169 [2007]; Amsellem v Amsellem, 15 AD3d 510, 511 [2005]). Rivera, J.P., Eng, Lott and Sgroi, JJ., concur.