IN RE: Yvon ABELLARD (2005)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Yvon ABELLARD, appellant, v. Edith AIME, respondent.

Decided: May 16, 2005

A. GAIL PRUDENTI, P.J., THOMAS A. ADAMS, REINALDO E. RIVERA, and STEVEN W. FISHER, JJ.

Lance K. Dandridge, Jamaica, N.Y., for appellant.

In a child support proceeding pursuant to Family Court Act article 4, the petitioner appeals from an order of the Family Court, Queens County (Richroath, J.), dated March 15, 2004, which denied his objections to an order of the same court (Hickey, S.M.), dated February 18, 2004, which, after a hearing, denied his petition for a downward modification of his child support obligation.

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

Contrary to the petitioner's contention, the Family Court properly considered the assistance he received from his father in calculating his child support obligation (see Domestic Relations Law § 240[1-b][b][5][iv][D]; Mellen v. Mellen, 260 A.D.2d 609, 609-610, 688 N.Y.S.2d 674; Lapkin v. Lapkin, 208 A.D.2d 474, 617 N.Y.S.2d 327) by imputing the loans the petitioner received from his father as income (see Matter of Yaroshenko v. Kats, 7 A.D.3d 806, 776 N.Y.S.2d 877).

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