SPRATT v. FONTANA

Ordered that the order dated November 7, 2007 is affirmed, with costs.

The Family Court providently exercised its discretion in applying the statutory percentage of 29% ( see Family Ct Act § 413 [b] [3] [iii]) to the portion of the parents' combined income which exceeded $80,000 ( see Family Ct Act § 413 [c] [1], [2], [3]; Matter of Cassano v Cassano, 85 NY2d 649, 655; Levy v Levy, 39 AD3d 487, 488; Matter of Lachman v LeJemtel, 19 AD3d 421, 421-422; Mellen v Mellen, 260 AD2d 609, 610). The Family Court sufficiently articulated the reasons for applying the statutory percentage to the combined income over $80,000 and its determination indicates that it carefully considered the parties' circumstances and the children's needs ( see Matter of Cassano v Cassano, 85 NY2d at 655; Anderson v Anderson, 50 AD3d 610; Bains v Bains, 308 AD2d 557, 559; Mellen v Mellen, 260 AD2d at 610).

The father's remaining contentions are without merit.