Opinion
December 30, 1992
Appeal from the Niagara County Family Court, Kellick, Jr., J.
Present — Callahan, J.P., Pine, Lawton, Boehm and Davis, JJ.
Order unanimously reversed on the law without costs and matter remitted to Niagara County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in denying petitioner's objections to the Hearing Examiner's decision, which applied the Child Support Standards Act on a per-child rather than a per-household basis (see, Matter of Griffin v Janik, 185 A.D.2d 635; Matter of Cox v Cox, 181 A.D.2d 201, 205-206; Matter of Commissioner of Social Servs. of City of N Y v Raymond S., 180 A.D.2d 510). Upon remittal for a redetermination of respondent's child support obligation, respondent's court-ordered support obligation with respect to two children not subject to this proceeding must be deducted from respondent's income in determining the amount of child support with respect to this child (Family Ct Act § 413 [b] [5] [vii] [D]).