Opinion
04-13-2016
In the Matter of Aleksandra KAMENEVA, appellant, v. Gareth HUGHES, respondent.
Aleksandra Kameneva, Brooklyn, N.Y., appellant pro se. Gareth Hughes, Brooklyn, N.Y., respondent pro se.
Aleksandra Kameneva, Brooklyn, N.Y., appellant pro se.
Gareth Hughes, Brooklyn, N.Y., respondent pro se.
Appeal from an order of the Family Court, Kings County (Michael Ambrosio, J.), dated December 17, 2014. The order denied the mother's objections to an order of that court (Elizabeth Shamahs, S.M.) dated October 8, 2014, which, after a hearing, granted her petition for a downward modification of her child support obligation only to the extent of reducing her obligation from the sum of $825 per month to the sum of $734 per month.
ORDERED that the order dated December 17, 2014, is affirmed, without costs or disbursements.
In this child support proceeding, the mother was directed to pay child support to the father by order dated July 12, 2010. In April 2012, the mother petitioned for a downward modification of her child support obligation. In an order dated October 8, 2014, the Support Magistrate determined that the mother demonstrated a substantial change in circumstances warranting a downward modification of her child support obligation, but imputed to the mother an annual income of $51,780. Based on this imputed income, the Support Magistrate only reduced the mother's child support obligation from the sum of $825 per month to the sum of $734 per month. In an order dated December 17, 2014, the Family Court denied the mother's objections to the Support Magistrate's order. The mother appeals.
A support magistrate "is afforded considerable discretion in determining whether to impute income to a parent" (Matter of Julianska v. Majewski, 78 A.D.3d 1182, 1183, 911 N.Y.S.2d 655 ), and we accord deference to a support magistrate's credibility determinations (see Matter of Rubenstein v. Rubenstein, 114 A.D.3d 798, 980 N.Y.S.2d 531 ; Matter of Feng Lucy Luo v. Yang, 89 A.D.3d 946, 933 N.Y.S.2d 80 ; Matter of Tsarova v. Tsarov, 59 A.D.3d 632, 875 N.Y.S.2d 84 ). Here, the Support Magistrate's decision to impute $51,780 in annual income to the mother, which was based primarily on a credibility determination, is supported by the record, and should not be disturbed (see Matter of Lorys v. Powell, 116 A.D.3d 1047, 1048, 983 N.Y.S.2d 892 ; Matter of Gebaide v. McGoldrick, 74 A.D.3d 966, 901 N.Y.S.2d 857 ).
RIVERA, J.P., MILLER, HINDS–RADIX and LaSALLE, JJ., concur.