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IN RE: DARREN F., Petitioner-Respondent, v. MARIE-AMINA T., Respondent-Appellant.
Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about April 28, 2008, which denied respondent Marie-Amina T.'s objection to a Magistrate's final order of support that obligated her to pay continuing support for her two children in the amount of $194 per week, in addition to $15,630.86 in retroactive support, unanimously affirmed, without costs.
Respondent failed to rebut the presumption that the standard of support as calculated under Family Court Act § 413(1)(c) was reasonable and appropriate (see Matter of Andre v. Warren, 192 A.D.2d 491, 597 N.Y.S.2d 37 [1993] ). In a hearing where credibility was a crucial consideration, respondent was not forthright about-and presented insufficient evidence regarding-the amount of her gross income, thus authorizing the Magistrate to base the support obligation on the children's needs, pursuant to Family Court Act § 413(1)(k) (see Merchant v. Hicks, 15 A.D.3d 266, 790 N.Y.S.2d 23 [2005] ).
Respondent's unsubstantiated claim that her current employment income is insufficient to enable her to support herself and also meet her child-support obligation is unavailing. The record establishes that based on her education and background, respondent's earning potential and capacity are more than adequate (see Family Ct. Act § 413[1][b][5][v]; Matter of Richards v. Bailey, 296 A.D.2d 412, 744 N.Y.S.2d 493 [2002]; Polite v. Polite, 127 A.D.2d 465, 467, 511 N.Y.S.2d 275 [1987] ).
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Decided: January 15, 2009
Court: Supreme Court, Appellate Division, First Department, New York.
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