BOYER v. BOYER (1999)

 Family Court properly calculated respondent's child support obligation in accordance with the Child Support Standards Act (CSSA).   We reject respondent's contention that the court lacked authority to increase the amount of child support awarded by the Hearing Examiner absent objections to the Hearing Examiner's order or a rebuttal to respondent's objections filed by petitioner.   Upon his review of respondent's objections to the Hearing Examiner's order, the Family Court Judge was empowered to “make, with or without holding a new hearing, his * * * own findings of fact and order” (Family Ct.Act § 439[e][ii];  see, Matter of Hughes v. Wasik, 224 A.D.2d 982, 637 N.Y.S.2d 556;  Matter of Lucille Ann D. v. David F.K., 219 A.D.2d 874, 875, 632 N.Y.S.2d 909).   The court properly concluded that the Hearing Examiner erred in adjusting respondent's child support obligation based upon the number of meals the child ate with each party, and that the extent of respondent's visitation with the child did not warrant a reduction in respondent's pro rata share of the basic child support obligation under the CSSA formula (see, Matter of Knapp v. Levy, 245 A.D.2d 1027, 1027-1028, 667 N.Y.S.2d 563, lv. denied 91 N.Y.2d 813, 674 N.Y.S.2d 278, 697 N.E.2d 179;  see also, Bast v. Rossoff, 91 N.Y.2d 723, 728-729, 675 N.Y.S.2d 19, 697 N.E.2d 1009).

Order unanimously affirmed without costs.

MEMORANDUM: