Appeal from an order of the Family Court of Schenectady County (Seibert, Jr., J.), entered January 12, 1999, which, inter alia, dismissed respondent’s cross application, in a proceeding pursuant to Family Court Act article 4, for downward modification of his child support obligation.
Petitioner and respondent are the parents of two children born in 1993 and 1995. When respondent was awarded temporary custody of the children in May 1996, Family Court suspended his child support obligation. However, after primary physical custody of the children was awarded to petitioner in July 1996, petitioner commenced this proceeding in September 1996 seeking child support. Family Court issued a temporary order, entered November 1, 1996, directing respondent to pay child support in the amount of $2,432 per month.
In May 1997, respondent filed a petition to modify the temporary child support order due to the fact that he had become unemployed in April 1997. In September 1997, petitioner filed a violation petition against respondent for failing to fully comply with his child support obligation between April and September 1997. Thereafter, a Hearing Examiner conducted a lengthy hearing with respect to all petitions and found that the parties’ combined gross income for child support purposes was $137,649, of which $126,844 was attributable to respondent’s adjusted gross income as an emergency room physician, and $10,805 in gross income was allocated to petitioner. The parties’ entire combined income was multiplied by 25% the Child Support Standards Act (hereinafter CSSA) support percentage for two children (see, Family Ct Act § 413 [1] [b] [3] [ii]), notwithstanding the fact that the combined income exceeded $80,000. In designating respondent respon
Initially, we find respondent’s contention that Family Court inaccurately projected his income to be unavailing. For child support purposes, a trial court may calculate a parent’s gross income by examining his or her “most recent [F]ederal income tax return” (Family Ct Act § 413 [1] [b] [5] [i]) and may take into consideration past employment experience and future earning capacity (see, Carlson-Subik v Subik,
Next, pursuant to Family Court Act § 413 (1) (c) (3), applying the statutorily enumerated factors, a court shall make a determination with respect to child support for that portion of combined parental income which exceeds $80,000. If the CSSA percentage is to be applied to parental income exceeding $80,000, the court must articulate its reasons based on the statutory considerations set forth in Family Court Act § 413 (1) (f) (see, Matter of Cassano v Cassano,
Lastly, we reject respondent’s assertion that Family Court should have awarded respondent a credit to be applied to reduce his child support arrears for the period he was unemployed from April 1997 through July 1997. Record proof indicates that in April 1997 respondent submitted a letter of resignation from his position at Schuyler Hospital. Although respondent alleges he was forced to resign or he would face termination, his correspondence does not manifest anything other than a voluntary resignation and respondent submitted no other proof in support of this contention. Because voluntary unemployment does not entitle a parent to a downward modification of child support (see, Matter of Bouchard v Bouchard,
Cardona, P. J., Mercure, Peters and Mugglin, JJ., concur. Ordered that the order is affirmed, without costs.
