Lynn v. Kroenung, 97 A.D.3d 822 (N.Y. App. Div. 2012). · Go Syfert
Lynn v. Kroenung, 97 A.D.3d 822 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
38 citation events (38 in the last 25 years) across 3 distinct courts.
Strongest positive: J.D.D. v. A.D. (nysupctwster, 2024-01-31)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) J.D.D. v. A.D. (2×)
N.Y. Sup. Ct., Westchester Cty. · 2024 · confidence medium
"Instead, absent a voluntary agreement, whether a parent is obligated to contribute to a child's college education is 'dependent upon the exercise of the court's discretion in accordance with Domestic Relations Law § 240(1-b)(c)(7)'" ( Lynn v Kroenung , 97 AD3d at 823, quoting Cimons v Cimons , 53 AD3d at 127 ). "[A]nd an award will be made only as justice requires" ( Lynn v Kroenung , 97 AD3d at 823 [internal quotation marks and citations omitted]).
discussed Cited as authority (rule) J.D.D. v. A.D. (2×)
N.Y. Sup. Ct., Westchester Cty. · 2024 · confidence medium
"Instead, absent a voluntary agreement, whether a parent is obligated to contribute to a child's college education is 'dependent upon the exercise of the court's discretion in accordance with Domestic Relations Law § 240(1-b)(c)(7)'" ( Lynn v Kroenung , 97 AD3d at 823, quoting Cimons v Cimons , 53 AD3d at 127 ). "[A]nd an award will be made only as justice requires" ( Lynn v Kroenung , 97 AD3d at 823 [internal quotation marks and citations omitted]).
discussed Cited as authority (rule) J.D.D. v. A.D. (2×)
N.Y. Sup. Ct., Westchester Cty. · 2024 · confidence medium
"Instead, absent a voluntary agreement, whether a parent is obligated to contribute to a child's college education is 'dependent upon the exercise of the court's discretion in accordance with Domestic Relations Law § 240(1-b)(c)(7)'" ( Lynn v Kroenung , 97 AD3d at 823, quoting Cimons v Cimons , 53 AD3d at 127 ). "[A]nd an award will be made only as justice requires" ( Lynn v Kroenung , 97 AD3d at 823 [internal quotation marks and citations omitted]).
discussed Cited as authority (rule) Dougherty v. Dougherty
N.Y. App. Div. · 2015 · confidence medium
“Instead, absent a voluntary agreement, whether a parent is obligated to contribute to a child’s college education is ‘dependent upon the exercise of the court’s discretion in accordance with Domestic Relations Law § 240 (1-b) (c) (7)’ [Cimons v Cimons, 53 AD3d at 127 ], and an award will be made only ‘as justice requires’ ” (Matter of Lynn v Kroenung, 97 AD3d at 823, quoting Domestic Relations Law § 240 [1-b] [c] [7] [some internal quotation marks omitted]; see Matter of Levison v Trinkle, 70 AD3d 827, 830 [2010]; Cimons v Cimons, 53 AD3d at 129 ). “[A] court must give due…
discussed Cited as authority (rule) Matter of Eagar v. Suchan
N.Y. App. Div. · 2015 · confidence medium
Where combined parental income exceeds the statutory cap — in this case, $136,000 (see Social Services Law § 111-i [2] [b], [c]) — “the court, in fixing the basic child support obligation on income over the ceiling, has the discretion to apply the factors set forth in Family Court Act § 413 (1) (f), or to apply the statutory percentages, or to apply both” (Matter of Freeman v Freeman, 71 AD3d at 1144 ; see Matter of De Souza v Nianduillet, 112 AD3d at 823 ; Matter of Lynn v Kroenung, 97 AD3d 822, 822-823 [2012]).
discussed Cited as authority (rule) Matter of Pittman v. Williams
N.Y. App. Div. · 2015 · confidence medium
Where combined parental income exceeds that “statutory cap” (Matter of Parsick v Rubio, 103 AD3d 898, 900 [2013]) — in this case, $136,000 (see Social Services Law § 111-i [2] [b], [c]) — “the court, in fixing the basic child support obligation on income over the ceiling, has the discretion to apply the factors set forth in Family Court Act § 413 (1) (f), or to apply the statutory percentages, or to apply both” (Matter of Freeman v Freeman, 71 AD3d at 1144 ; see Matter of De Souza v Nianduillet, 112 AD3d at 823 ; Matter of Lynn v Kroenung, 97 AD3d 822, 823 [2012]).
discussed Cited as authority (rule) Silverstein v. Silverstein
N.Y. App. Div. · 2013 · confidence medium
“Instead, absent a voluntary agreement, whether a parent is obligated to contribute to a child’s college education is ‘dependent upon the exercise of the court’s discretion in accordance with Domestic Relations Law § 240 (1-b) (c) (7)’ [Cimons v Cimons, 53 AD3d at 127 ], and an award will be made only ‘ “as justice requires” ’ ” (Matter of Lynn v Kroenung, 97 AD3d at 823, quoting Cimons v Cimons, 53 AD3d at 129 , and Domestic Relations Law § 240 [1-b] [c] [7]; see Matter of Levison v Trinkle, 70 AD3d 827, 830 [2010]). “[A] court must give due regard to the circumstances…
discussed Cited as authority (rule) Silverstein v. Silverstein
N.Y. App. Div. · 2013 · confidence medium
“Instead, absent a voluntary agreement, whether a parent is obligated to contribute to a child’s college education is ‘dependent upon the exercise of the court’s discretion in accordance with Domestic Relations Law § 240 (1-b) (c) (7)’ [Cimons v Cimons, 53 AD3d at 127 ], and an award will be made only ‘ “as justice requires” ’ ” (Matter of Lynn v Kroenung, 97 AD3d at 823, quoting Cimons v Cimons, 53 AD3d at 129 , and Domestic Relations Law § 240 [1-b] [c] [7]; see Matter of Levison v Trinkle, 70 AD3d 827, 830 [2010]). “[A] court must give due regard to the circumstances…
discussed Cited "see" Rafferty v. Rafferty
N.Y. App. Div. · 2021 · signal: see · confidence high
"Payment[ ] for a child's college education is not mandatory, and absent a voluntary agreement, whether a parent is obligated to contribute to a child's college education is dependent upon the exercise of the court's discretion in accordance with Domestic Relations Law § 240[1-b][c][7]" ( Morille-Hinds v Hinds , 169 AD3d 896 , 900 [internal quotation marks omitted]; see Matter of Lynn v Kroenung , 97 AD3d 822, 823 ). "[U]nlike the obligation for unreimbursed medical expenses, educational expenses are not necessarily prorated in the same percentage as each parent's income bears to the combined…
discussed Cited "see" Morille-Hinds v. Hinds
N.Y. App. Div. · 2019 · signal: see · confidence high
Payments for a child's college education is not mandatory, and "absent a voluntary agreement, whether a parent is obligated to contribute to a child's college education is dependent upon the exercise of the court's discretion in accordance with Domestic Relations Law § 240[1-b][c][7]" ( Marin v Marin , 148 AD3d 1132, 1135 [internal quotation marks omitted]; see Matter of Lynn v Kroenung , 97 AD3d 822, 823 ).
discussed Cited "see" Matter of Feliciano v. Elghouayel
N.Y. App. Div. · 2018 · signal: see · confidence high
In assessing this ability, the support magistrate is afforded considerable discretion in determining whether to impute income to a parent based upon the parent's past income or demonstrated future potential earnings, rather than relying on the parent's account of his or her finances ( see Matter of Barmoha v Eisayev, 146 AD3d 946, 946 ; Matter of Napoli v Koller, 140 AD3d 1070, 1071 ; Matter of Huddleston v Rufrano, 98 AD3d 1046, 1047 ; Wesche v Wesche, 77 AD3d 921, 923 ). " The court is also permitted to consider current income figures for the tax year not yet completed'" (Matter of Barmoha v…
discussed Cited "see" Matter of Conroy v. Hacker
N.Y. App. Div. · 2017 · signal: see · confidence high
“Unlike the obligation to provide support for a child’s basic needs, support for a child’s college education is not mandatory” (Matter of Grubler v Grubler, 108 AD3d 535, 537 [2013] [internal quotation marks omitted]; see Matter of Lynn v Kroenung, 97 AD3d 822, 823 [2012]; Cimons v Cimons, 53 AD3d 125, 127 [2008]).
discussed Cited "see" Marin v. Marin
N.Y. App. Div. · 2017 · signal: see · confidence high
“Unlike the obligation to provide support for a child’s basic needs, support for a child’s college education is not mandatory” (Matter of Grubler v Grubler, 108 AD3d 535, 537 [2013] [internal quotation marks omitted]; see Matter of Lynn v Kroenung, 97 AD3d 822, 823 [2012]; Cimons v Cimons, 53 AD3d 125, 127 [2008]).
discussed Cited "see" Matter of Barmoha v. Eisayev
N.Y. App. Div. · 2017 · signal: see · confidence high
“The court is also permitted to consider current income figures for the tax year not yet completed” (Matter of Azrak v Aczrak, 60 AD3d 937, 938 [2009]; see Matter of Lynn v Kroenung, 97 AD3d 822 [2012]).
discussed Cited "see" Frates v. Frates
N.Y. App. Div. · 2016 · signal: see · confidence high
The plaintiff established that there was a change in circumstances warranting a modification by showing that there had been a change in the oldest child’s residence (see Matter of Steven J.K. v Leah T.K., 46 AD3d 421 [2007]; Tryon v Tryon, 37 AD3d 455 [2007]; McMillen v Miller, 15 AD3d 814 [2005]). *584 “[A]bsent a voluntary agreement, whether a parent is obligated to contribute to a child’s college education is dependent upon the exercise of the court’s discretion in accordance with Domestic Relations Law § 240 (1-b) (c) (7) . . . and an award will be made only as justice requires”…
discussed Cited "see" Frates v. Frates
N.Y. App. Div. · 2016 · signal: see · confidence high
The plaintiff established that there was a change in circumstances warranting a modification by showing that there had been a change in the oldest child's residence ( see Matter of Steven J.K. v Leah T.K. , 46 AD3d 421 ; Tryon v Tryon , 37 AD3d 455 ; McMillen v Miller , 15 AD3d 814 ). "[A]bsent a voluntary agreement, whether a parent is obligated to contribute to a child's college education is dependent upon the exercise of the court's discretion in accordance with Domestic Relations Law § 240(1-b)(c)(7) . . . and an award will be made only as justice requires" ( Dougherty v Dougherty , 131 A…
discussed Cited "see" Matter of Dailey v. Govan (2×)
N.Y. App. Div. · 2016 · signal: see · confidence high
In determining parental income under the CSSA, the court must begin with the parent’s “gross (total) income as should have been or should be reported in the most recent federal income tax return” (Family Ct Act § 413 [1] [b] [5] [i]; see Matter of Lynn v Kroenung, 97 AD3d 822 [2012]; Matter of Azrak v Azrak, 60 AD3d 937, 938 [2009]).
discussed Cited "see" De Souza v. Nianduillet
N.Y. App. Div. · 2013 · signal: see · confidence high
Where combined parental income exceeds the statutory cap — in this case, $136,000 (see Social Services Law § 111-i [2] [b])— “the court, in fixing the basic child support obligation on income over the ceiling, has the discretion to apply the factors set forth in Family Court Act § 413 (1) (f), or to apply the statutory percentages, or to apply both” (Matter of Freeman v Freeman, 71 AD3d at 1144 ; see Matter of Lynn v Kroenung, 97 AD3d 822, 823 [2012]).
discussed Cited "see" De Souza v. Nianduillet
N.Y. App. Div. · 2013 · signal: see · confidence high
Where combined parental income exceeds the statutory cap — in this case, $136,000 (see Social Services Law § 111-i [2] [b])— “the court, in fixing the basic child support obligation on income over the ceiling, has the discretion to apply the factors set forth in Family Court Act § 413 (1) (f), or to apply the statutory percentages, or to apply both” (Matter of Freeman v Freeman, 71 AD3d at 1144 ; see Matter of Lynn v Kroenung, 97 AD3d 822, 823 [2012]).
discussed Cited "see, e.g." C.G. v. F.G.
N.Y. Sup. Ct. · 2016 · signal: see also · confidence low
(See Matter of Dailey v Govan, 136 AD3d 1029, 1031 [2d Dept 2016]; see also Matter of Lynn v Kroenung, 97 AD3d 822 [2d Dept 2012].) Here, the most recent income information available to the court is from husband’s 2015 W-2 and wife’s December 2015 paycheck.
Retrieving the full opinion text from the archive…
In the Matter of Robert D. Lynn
v.
Kerriann Kroenung
Appellate Division of the Supreme Court of the State of New York.
Jul 25, 2012.
97 A.D.3d 822
Cited by 17 opinions  |  Published

Pursuant to Family Court Act § 413 (1) (b) (5) (i), a court must begin its child support calculation with the parent’s gross income “as should have been or should be reported in the most recent federal income tax return” (see Domestic Relations Law § 240 [1-b] [b] [5] [i]). However, the court may also consider income for the tax year not yet completed (see Eberhardt-Davis v Davis, 71 AD3d 1487, 1488 [2010]; Matter of Azrak v Azrak, 60 AD3d 937, 938 [2009]; Matter of Taraskas v Rizzuto, 38 AD3d 910, 910 [2007]). Since the hearing in this case took place after the end of the 2010 tax year, but before either party had completed a 2010 tax return, it was appropriate for the Support Magistrate to base her calculation of the parties’ incomes on their final 2010 pay stubs rather than their 2009 tax returns (see Eberhardt-Davis v Davis, 71 AD3d at 1488; Matter of Azrak v Azrak, 60 AD3d at 938; Matter of Taraskas v Rizzuto, 38 AD3d at 910).

Where combined parental income exceeds the statutory income threshold (presently $130,000 [see Domestic Relations Law § 240 (1-b) (c) (2); Family Ct Act § 413 (1) (c) (2); Social Services Law § 111-i (2) (b)]), the statute “explicitly affords an option: the court may apply the factors set forth in [Family Court Act] section 413 (1) (f) ‘and/or the child support percentage’ ” (Matter of Cassano v Cassano, 85 NY2d 649, 654 [1995],[*823] quoting Family Ct Act § 413 [1] [c] [3] [emphasis omitted]; see Huffman v Huffman, 84 AD3d 875, 876 [2011]; Matter of Freeman v Freeman, 71 AD3d 1143, 1144 [2010]; Matter of Byrne v Byrne, 46 AD3d 812, 814 [2007]; Jordan v Jordan, 8 AD3d 444, 445 [2004]; Mercer v Mercer, 4 AD3d 508, 510 [2004]). Since the statute “explicitly vests discretion in the court and . . . [because] the exercise of discretion is subject to review . . . some record articulation of the reasons for the court’s choice to apply the percentage is necessary to facilitate . . . review” (Matter of Cassano v Cassano, 85 NY2d at 655; see Matter of Wienands v Hedlund, 305 AD2d 692, 693 [2003]; Rohrs v Rohrs, 297 AD2d 317, 318 [2002]). Here, the Support Magistrate properly articulated her reasons for applying the statutory percentages to parental income over the statutory threshold, and her determination was not an improvident exercise of discretion (see Huffman v Huffman, 84 AD3d at 876; Matter of Freeman v Freeman, 71 AD3d at 1144).

Unlike the obligation to provide support for a child’s basic needs, “support for a child’s college education is not mandatory” (Cimons v Cimons, 53 AD3d 125, 127 [2008]). Instead, absent a voluntary agreement, whether a parent is obligated to contribute to a child’s college education is “dependent upon the exercise of the court’s discretion in accordance with Domestic Relations Law § 240 (1-b) (c) (7)” (id.), and an award will be made only “ ‘as justice requires’ ” (id. at 129, quoting Domestic Relations Law § 240 [1-b] [c] [7]; see Matter of Levison v Trinkle, 70 AD3d 827, 830 [2010]). Here, the Support Magistrate’s determination to assess college expenses in the same approximate ratio as the parties’ incomes bear to one another was not an improvident exercise of discretion. Likewise, a detailed review of the Support Magistrate’s findings of fact reveals that she properly considered, in setting the parties’ respective support obligations, their payments for room and board and their basic support obligations for their oldest child as those payments are duplicative of one another (see Matter of Levison v Trinkle, 70 AD3d at 830; Wortman v Wortman, 11 AD3d 604, 607 [2004]).

The father’s contention that the Support Magistrate was biased against him and should have recused herself lacks support in the record (see Ashmore v Ashmore, 92 AD3d 817, 820 [2012], lv denied 19 NY3d 807 [2012]; Hayden v Gordon, 91 AD3d 819, 822 [2012]; Matter of Montesdeoca v Montesdeoca, 38 AD3d 666, 667 [2007]).

Accordingly, the Family Court properly denied the father’s objections. Rivera, J.P., Dickerson, Hall and Miller, JJ., concur.