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In the Matter of KOLIEN THOMPSON, Also Known as KOLIEN RICHMOND, Respondent, v. ROBERT A. PEREZ, Appellant.

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

Upon the father's failure to submit compulsory financial disclosure, the Support Magistrate, under the circumstances presented, properly determined the amount of support based on the evidence adduced at the hearing, which included, inter alia, evidence of the child's needs, as well as evidence of the father's demonstrated earning potential ( see Family Ct Act § 413 [k]; § 424-a [b]; Matter of Kondratyeva v Yapi), 13 AD3d 376, 377; Matter of New York City Commr. of Social Servs. v Hills), 203 AD2d 574, 575). A support magistrate "is afforded considerable discretion in determining whether to impute income to a parent . . . and that determination may properly be based upon a parent's prior employment experience" ( Matter of Hurd v Hurd), 303 AD2d 928) or the income such parent is capable of earning "by honest efforts, given his [or her] education and opportunities" ( Kay v Kay), 37 NY2d 632, 637).

The father's remaining contentions are either unpreserved for appellate review or without merit.

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THOMPSON v. PEREZ
(Jul 17, 2007)