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IN RE: Justine Sophia LACHMAN, respondent, v. Thierry H. LeJEMTEL, appellant.
In a support proceeding pursuant to Family Court Act article 4, the appeal is from an order of the Family Court, Nassau County (Pessala, J.), dated October 18, 2004, which denied the appellant's objections to an order of the same court (Watson, S.M.), dated May 24, 2004.
ORDERED that the order is affirmed, with costs.
Where combined parental income exceeds $80,000, the Child Support Standards Act (hereinafter the CSSA) provides that the court shall determine the amount of child support by applying the factors set forth in Family Court Act § 413(1)(f) and/or the statutory child support percentage set forth in the CSSA (Family Ct. Act § 413; Domestic Relations Law § 240) (see Matter of Cassano v. Cassano, 85 N.Y.2d 649, 654, 628 N.Y.S.2d 10, 651 N.E.2d 878). The Support Magistrate providently exercised her discretion in computing child support by applying the statutory percentage to the combined parental income over $80,000 (see Matter of Lava v. Damianou, 10 A.D.3d 420, 780 N.Y.S.2d 789; Bains v. Bains, 308 A.D.2d 557, 764 N.Y.S.2d 721; Matter of Gruttadauria v. Catapano, 256 A.D.2d 617, 684 N.Y.S.2d 792; Zaremba v. Zaremba, 237 A.D.2d 351, 654 N.Y.S.2d 176). The Support Magistrate expressly set forth the reasons for applying the statutory percentage to income over $80,000 and thus the Family Court Judge properly denied the objections.
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Decided: June 06, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
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