Opinion
07-05-2017
In the Matter of SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, on behalf of Annette CALLIENDO, Respondent, v. Cody S. BLOCK, appellant.
Cody S. Block, Lindenhurst, NY, appellant pro se. Dennis M. Brown, County Attorney, Central Islip, NY (Danielle Razzouk of counsel), for respondent.
Cody S. Block, Lindenhurst, NY, appellant pro se.
Dennis M. Brown, County Attorney, Central Islip, NY (Danielle Razzouk of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.
Appeal by the father from an order of the Family Court, Suffolk County (Matthew Hughes, J.), dated October 4, 2016. The order denied the father's objections to an order of that court (Aletha Fields, S.M.) dated July 26, 2016, which, after a hearing, granted the Suffolk County Department of Social Services' petition for child support and directed him to pay weekly child support in the sum of $113.
ORDERED that the order dated October 4, 2016, is affirmed, with costs.
The Family Court did not err in denying the father's objections to the Support Magistrate's order granting the petition for child support and directing him to pay weekly child support in the sum of $113 (see Family Ct. Act § 424–a [b] ). Where a respondent in a child support proceeding fails, without good cause, to comply with the compulsory financial disclosure mandated by Family Court Act § 424–a, "the court on its own motion or on application shall grant the relief demanded in the petition or shall order that, for purposes of the support proceeding, the respondent shall be precluded from offering evidence as to respondent's financial ability to pay support" ( Family Ct. Act § 424–a [b]; see Matter of Speranza v. Speranza, 113 A.D.3d 622, 623, 979 N.Y.S.2d 88 ; Matter of Sheenagh O'R. v. Sean F., 50 A.D.3d 480, 481–482, 858 N.Y.S.2d 103 ). While the father submitted a sworn financial affidavit, he failed to accompany the affidavit with any of the documentation required by Family Court Act § 424–a. Since the father failed, without good cause, to comply with the compulsory financial disclosure mandated by Family Court Act § 424–a, the Family Court did not err in precluding him from offering evidence as to his financial ability to pay (see Family Ct. Act § 424–a[b] ; Matter of Speranza v. Speranza, 113 A.D.3d at 622, 979 N.Y.S.2d 88 ), and providently exercised its discretion in determining the amount of support based on the needs of the child, which were established by the petitioner as the customary grant for one child on public assistance (see Family Ct. Act § 424–a[b] ; Matter of Toumazatos v. Toumazatos, 125 A.D.3d 870, 871, 1 N.Y.S.3d 838 ; Matter of Hicks v. Hicks, 87 A.D.3d 1143, 929 N.Y.S.2d 875 ).
The father's remaining contentions, which were not raised in his objections to the Support Magistrate's order, are not properly before this Court (see Hicks v. Hicks, 87 A.D.3d at 1143–1144, 929 N.Y.S.2d 875 ).