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RENEE BARUCH, Petitioner-Respondent, v. MICHAEL BLUM, Respondent-Appellant.

In this child support proceeding, the court had sufficient evidence to determine the needs of the child and made the proper statutory calculation of combined parental income utilizing the parties' gross income as "reported in the most recent federal income tax return" (Family Court Act § 413[b][5][I]).

The court properly exercised its discretion with respect to imputation of income (see Family Court Act § 413[b][5][iv]; Matter of Klein v. Klein, 251 A.D.2d 733, 735) when it declined to impute income to petitioner based on unspecified aid allegedly received by her prior to the institution of temporary child support payments by respondent.

We have considered respondent's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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BARUCH v. BLUM
(Jan 30, 2003)