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MATTER OF MARIA C. v. JORGE R.

61 A.D.3d 518 (2009)

875 N.Y.S.2d 899

In the Matter of MARIA C., Respondent, v. JORGE R., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 16, 2009.

Since respondent provided insufficient evidence to allow the Support Magistrate to determine his gross income and its application to various asserted medical conditions, the Magistrate had no option but to base his determination of child support on the child's needs (Family Ct Act § 413 [1] [k]), rather than on respondent's means (§ 413 [1] [a]; see Matter of Denham v Kaplan, 16 A.D.3d 685 [2005]).

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