Culhane v. Holt, 28 A.D.3d 251 (N.Y. App. Div. 2006). · Go Syfert
Culhane v. Holt, 28 A.D.3d 251 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) Castelloe v. Fong
N.Y. App. Div. · 2022 · confidence medium
Although plaintiff argues that the Referee relied on an outdated lifestyle analysis in fashioning a child support award and that the award does not capture the economic realities of raising now teenaged children, she failed to demonstrate that the award, based on a $250,000 income cap, is insufficient to meet the children's "actual needs" to live an "appropriate lifestyle" ( Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006] [internal quotation marks omitted]).
discussed Cited as authority (rule) Matter of Juliana R. v. Obiajulu N.
N.Y. App. Div. · 2021 · confidence medium
Since there was insufficient evidence to establish the child's needs or standard of living, we remand for a hearing limited to that issue and for a new support determination ( see Gina P. v Stephen S. , 33 AD3d 412, 414-415 [1st Dept 2006]; Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) Matter of Juliana R. v. Obiajulu N.
N.Y. App. Div. · 2021 · confidence medium
Since there was insufficient evidence to establish the child's needs or standard of living, we remand for a hearing limited to that issue and for a new support determination ( see Gina P. v Stephen S. , 33 AD3d 412, 414-415 [1st Dept 2006]; Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) Thompson v. Thompson
N.Y. App. Div. · 2020 · confidence medium
The court improvidently exercised its discretion in calculating plaintiff's child support obligation based on his self-reported gross annual income at the time of trial and declining to impute income to him based on his demonstrated earning potential ( see K. v B. , 13 AD3d 12, 20 [1st Dept 2004], appeal dismissed 4 NY3d 776 [2005]; Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) DeNiro v. DeNiro
N.Y. App. Div. · 2020 · confidence medium
Defendant fails to show that the child support award, based on a $600,000 income cap, is insufficient to meet the children's "actual needs" to live an "appropriate lifestyle" ( Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006] [internal quotation marks omitted]), to warrant remand for further proceedings.
discussed Cited as authority (rule) F.L. v. J.M.
N.Y. App. Div. · 2019 · confidence medium
In determining the child support award, the court properly imputed income to defendant based on the average of his total income for the years 2012 through 2014 ( see generally Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) Flom v. Flom
N.Y. App. Div. · 2019 · confidence medium
Under the circumstances here, we find that a $300,000 income cap, which would result in a monthly basic child support award of $4,250, retroactive to entry of the judgment of divorce, would satisfy the child's "actual needs" and afford him an "appropriate lifestyle" ( see Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) M.M. v. D.M.
N.Y. App. Div. · 2018 · confidence medium
We note that defendant's demonstrated earning history is an additional basis for upholding the Referee's determination ( see Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006]; Wesche v Wesche , 77 AD3d 921, 923 [2d Dept 2010]).
discussed Cited as authority (rule) R.S. v. B.L.
N.Y. App. Div. · 2017 · confidence medium
As well, the court providently exercised its discretion in applying a combined income cap of $350,000 based on the children’s actual needs, rather than the husband’s income (see Matter of Culhane v Holt, 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) R.S. v. B.L.
N.Y. App. Div. · 2017 · confidence medium
As well, the court providently exercised its discretion in applying a combined income cap of $350,000 based on the children’s actual needs, rather than the husband’s income (see Matter of Culhane v Holt, 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) R.S. v. B.L.
N.Y. App. Div. · 2017 · confidence medium
As well, the court providently exercised its discretion in applying a combined income cap of $350,000 based on the children's actual needs, rather than the husband's income ( see Matter of Culhane v Holt , 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) R.S. v. B.L.
N.Y. App. Div. · 2017 · confidence medium
As well, the court providently exercised its discretion in applying a combined income cap of $350,000 based on the children’s actual needs, rather than the husband’s income (see Matter of Culhane v Holt, 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) Maldonado v. Maldonado
N.Y. App. Div. · 2012 · confidence medium
The court was not required to rely upon plaintiffs account of his finances, particularly since the evidence established that plaintiff was earning more than he reported on his tax returns (see Matter of Culhane v Holt, 28 AD3d 251, 252 [1st Dept 2006]).
discussed Cited as authority (rule) Maldonado v. Maldonado
N.Y. App. Div. · 2012 · confidence medium
The court was not required to rely upon plaintiffs account of his finances, particularly since the evidence established that plaintiff was earning more than he reported on his tax returns (see Matter of Culhane v Holt, 28 AD3d 251, 252 [1st Dept 2006]).
cited Cited as authority (rule) Salvatore D. v. Shyou H.
N.Y. App. Div. · 2011 · confidence medium
The Support Magistrate was not required to rely on respondent’s account of her finances (see Matter of Culhane v Holt, 28 AD3d 251, 252 [2006]).
discussed Cited as authority (rule) Erin C. v. Peter H.
N.Y. App. Div. · 2009 · confidence medium
Although the requisite consideration of “[t]he standard of living the child would have enjoyed had the marriage or household not been dissolved” (Family Ct Act § 413 [1] [f] [3]) may apply a bit differently when the parties never lived together, both parents’ standards of living are appropriately taken into consideration in determining, as we directed on the prior appeal, “the amount that is required for the child to live an appropriate lifestyle” ( 28 AD3d at 252 [emphasis added]).
discussed Cited as authority (rule) Jennifer H.S. v. Damien P.C.
N.Y. App. Div. · 2008 · confidence medium
The Support Magistrate providently exercised his discretion in imputing income to the mother based on her earning potential (see Family Ct Act § 413 [1] [b] [5] [v]; Matter of Culhane v Holt, 28 AD3d 251, 252 [2006]).
discussed Cited as authority (rule) Gering v. Tavano
N.Y. App. Div. · 2008 · confidence medium
The court articulated its reasons for setting the child support obligation at 25% of $150,000 (Domestic Relations Law § 240 [1-b] [c] [3]; [1-b] [f]) and was not required to apply the statutory percentage to the entire portion of the parties’ combined income in excess of $80,000 (see Matter of Culhane v Holt, 28 AD3d 251, 252 [2006]).
discussed Cited as authority (rule) Costa v. Costa
N.Y. App. Div. · 2007 · confidence medium
The child support award was appropriately based on the parties’ lifestyle, the children’s needs and the parties’ income in excess of $80,000 (see Matter of Culhane v Holt, 28 AD3d 251, 252 [2006]; Anonymous v Anonymous, 286 AD2d 585 [2001], lv denied 97 NY2d 611 [2002]).
discussed Cited as authority (rule) Moran v. Grillo
N.Y. App. Div. · 2007 · confidence medium
The court is also permitted, however, to consider current income figures for the tax year not yet completed (see Matter of Taraskas v Rizzuto, 38 AD3d 910 [2007]; Matter of Culhane v Holt, 28 AD3d 251, 252 [2006]; Matter of Kellogg v Kellogg, 300 AD2d 996 [2002]).
discussed Cited as authority (rule) Taraskas v. Rizzuto
N.Y. App. Div. · 2007 · confidence medium
The Family Court was authorized to use current income figures for the tax year not yet completed to determine the mother’s child support obligation (see Matter of Culhane v Holt, 28 AD3d 251, 252 [2006]; Matter of Kellogg v Kellogg, 300 AD2d 996 [2002]).
discussed Cited as authority (rule) Coull v. Rottman
N.Y. App. Div. · 2006 · confidence medium
However, the IAS court properly used plaintiffs income for 2004 in calculating his child support obligations for 2004 and subsequent years, even though a 2004 tax return was not yet available (see Matter of Culhane v Holt, 28 AD3d 251, 252 [2006]).
discussed Cited "see, e.g." S.A. v. L.A.
N.Y. Sup. Ct. · 2013 · signal: see also · confidence low
(Matter of Azrak v Azrak, 60 AD3d 937 [2d Dept 2009]; Matter of Moran v Grillo, 44 AD3d 859 [2d Dept 2007]; see also Matter of Culhane v Holt, 28 AD3d 251 [1st Dept 2006]; Matter of Taraskas v Rizzuto, 38 AD3d 910 [2d Dept 2007], citing Matter of Kellogg v Kellogg, 300 AD2d 996 [4th Dept 2002] [income earned during a tax year not completed at the commencement of trial may, under some circumstances, be weighed by the court].) It is clear that in the child support context, the present income rule, as enunciated in the above cases, may be applied when appropriate.
Retrieving the full opinion text from the archive…
In the Matter of Erin Culhane
v.
Peter Holt
Appellate Division of the Supreme Court of the State of New York.
Apr 11, 2006.
28 A.D.3d 251
Cited by 31 opinions  |  Published

Order, Family Court, New York County (Sara P Schechter, J.), entered on or about March 4, 2005, which denied respondent’s objections to a Support Magistrate’s order, dated December 17, 2004, awarding petitioner monthly child support of $5,776.75, unanimously reversed, on the law, without costs, the award vacated and the matter remanded to Family Court for further proceedings, including a further hearing, if necessary, to determine respondent’s past and prospective child support in a manner consistent herewith.

The Magistrate did not violate the mandate of Family Court Act § 413 (1) (b)(5) (i) when he based respondent’s income on the average of his projected earnings for 2004 and 2005. While Family Court Act § 413 (1) (b) (5) (i) provides that the relevant income figure is the “gross (total) income as should have been or should be reported in the most recent federal income tax return,” nothing in the statute prohibits reliance upon partial information from a tax year not yet completed (see Matter of [*252] Kellogg v Kellogg, 300 AD2d 996 [2002]; Matter of Monroe County Dept. of Social Servs. v Mercado, 241 AD2d 948 [1997]). Further, a court is not required to rely upon a party’s own account of his or her finances and may impute income based upon that party’s past income or demonstrated earning potential (see Matter of Talero v Talero, 1 AD3d 522 [2003]).

The Magistrate erred, however, in applying the 17% statutory rate to the entire portion of the parties’ combined income in excess of $80,000 without considering the actual needs of the subject two-year-old child. While the Magistrate stated, in conclusory fashion, that the award conformed with the child’s needs, in reality he appears to have merely allocated 50% of the mother’s expenses to the child without any analysis of whether that approach was appropriate. “[I]n high income cases, the appropriate determination under [Family Ct Act § 413 (1) (f)] for an award of child support on parental income in excess of $80,000 should be based on the child’s actual needs and the amount that is required for the child to live an appropriate lifestyle, rather than the wealth of one or both parties” (Matter of Brim v Combs, 25 AD3d 691, 693 [2006], citing Anonymous v Anonymous, 286 AD2d 585 [2001]). Contrary to petitioner’s contention, Matter of Cassano v Cassano (85 NY2d 649 [1995]) does not hold otherwise. Accordingly, on remand, Family Court should consider the appropriate level of child support in light of the child’s actual needs. As part of its analysis, the court should consider whether a cap on combined income subject to child support is warranted (see Mitnick v Rosenthal, 260 AD2d 238 [1999], lv dismissed 94 NY2d 797 [1999], lv denied 95 NY2d 769 [2000]). Concur—Tom, J.P., Friedman, Sullivan, Gonzalez and Catterson, JJ.