Appellate Division of the Supreme Court of New York, 2005

Westenberger v. Westenberger

Appellate Division of the Supreme Court of New York · Decided November 21, 2005

23 A.D.3d 571; 806 N.Y.S.2d 665

Cases that cite this one

17 later published cases cite this decision.

Matter of Nesterenko v. Reshetilov (Appellate Division of the Supreme Court of New York 2026)
N.B. v. J.D. (New York Supreme Court, Kings County 2024)
Gafycz v. Gafycz (Appellate Division of the Supreme Court of New York 2017)
Rosenberg v. Rosenberg (Appellate Division of the Supreme Court of New York 2016)
Mongelluzzo v. Sondgeroth (Appellate Division of the Supreme Court of New York 2012)
Mongelluzzo v. Sondgeroth (Appellate Division of the Supreme Court of New York 2012)
Charap v. Willett (Appellate Division of the Supreme Court of New York 2011)
Sena v. Sena (Appellate Division of the Supreme Court of New York 2009)
Afriye-Fullwood v. Opetubo (Appellate Division of the Supreme Court of New York 2009)
Sena v. Sena (Appellate Division of the Supreme Court of New York 2009)
Smith v. Todd-Smith (Appellate Division of the Supreme Court of New York 2009)
Herlitz-Ferguson v. Herlitz-Ferguson (Appellate Division of the Supreme Court of New York 2008)
Barnett v. Ruotolo (Appellate Division of the Supreme Court of New York 2008)
Maharaj-Ellis v. Laroche (Appellate Division of the Supreme Court of New York 2008)
Mariana D. v. Frank D. (NYC Family Court 2008)
Genender v. Genender (Appellate Division of the Supreme Court of New York 2007)
Strella v. Ferro (Appellate Division of the Supreme Court of New York 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In related child support proceedings pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Marks, J.), dated April 14, 2004, which denied his objections to an order of the same court (Dwyer, H.E.) dated March 25, 2003, which, after a hearing, inter alia, directed him to pay child support in the sum of $141 per week for two of the parties’ children and arrears in the sum of $8,565.25.

Ordered that the order is affirmed, without costs or disbursements.

The appellant’s contention that the hearing examiner erroneously imputed income to him for the purpose of calculating his child support obligation is without merit. In determining a party’s child support obligation, “a court need not rely upon the party’s own account of his or her finances, but may impute income based upon the party’s past income or demonstrated earning potential” (Rocanello v Rocanello, 254 AD2d 269 [1998]; see Curran v Curran, 2 AD3d 391 [2003])- This is particularly true when, as here, the record supports a finding that the appellant’s reported income on his tax return is suspect (see Ivani *572v Ivani, 303 AD2d 639 [2003]; Matter of Graves v Smith, 284 AD2d 332, 333 [2001]; see also Matter of Hurd v Hurd, 303 AD2d 928 [2003]).

The appellant’s remaining contentions are without merit. H. Miller, J.P., Luciano, Fisher and Covello, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.