AD2 WANTS DAD TO GET SOME CREDIT
After the Suffolk County Family Court directed that he make support payments of $211 a week, G.G. appealed contending that he had moved out of the residence (which he owned), that he lost his job, and that D.G. (the mom) and his kid were living in his home without contributing any rent or paying any utility charges.
On appeal, the Appellate Division, Second Department, noted that the father had testified that he had been paying the mortgage and utility bills, and that the Support Magistrate failed to take those monies into account. And absent that credit, the dad was found to have been making “double shelter payments.”
As a result of that error, the AD2 remanded the case to the Family Court for a recalculation of G.G.’s child support obligations (and any arrears) so as to account for the “carrying charges incurred by him in providing housing to the mother and child.”
There was clearly no living on the house.
# # #
DECISION