MATTER OF ANTHONY S. v. MONIQUE T.B.

3419, 3418, 3417.

148 A.D.3d 596 (2017)

2017 NY Slip Op 02365

50 N.Y.S.3d 342

In the Matter of ANTHONY S., Respondent, v. MONIQUE T.B., Appellant. In the Matter of ANTHONY S., Respondent, v. MONIQUE T.B., Appellant. In the Matter of MONIQUE T.B., Appellant, v. Anthony S., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 28, 2017.


Family Court improvidently exercised its discretion in not imputing to the father as income the $500 per month he was earning from his part-time employment in 2012 solely on the basis of Family Ct Act § 437-a, which bars the Family Court from requiring a recipient of social security disability benefits to engage in certain employment related activities. That statute is not dispositive in this case where the father had been employed during the pendency of his social security...

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