Catherine M. Miklitsch, Support Magistrate In the Matter of a Support Proceeding Docket #: F Galina Ross, SSN: XXX-XX-5692, Respondent.

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1 F.C.A. 413,416,433, 438, 439, 440, , 471;Art.5-B /2002 At a term of the Family Court of the State of New York, held in and for the County of Rockland, at 1 South Main St., Suite 300 Floor 3, New City, NY 10956, on December 7, 2009 PRESENT: Catherine M. Miklitsch, Support Magistrate In the Matter of a Support Proceeding MOTHER File #: Docket #: F Galina Ross, SSN: XXX-XX-5692, Petitioner, CSMS #: BR05224P1 - against Eric Ross, SSN: XXX-XX-1789, ORDER OF SUPPORT Respondent. NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIMINAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPENSION OF YOUR DRIVER'S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPOSITION OF REAL OR PERSONAL PROPERTY LIENS. SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS OF THE DATE THE ORDER WAS RECEIVED IN COURT ORBY PERSONAL SERVICE, OR IF THE ORDER WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER. The above-named Petitioner having filed a petition in this Court on June 17, 2009, alleging that Eric Ross is chargeable with the support of: Name MOTHER Date of Birth SON 9/26/1998 Galina Ross having appeared; Eric Ross having appeared before this Court to answer the petition, having been advised by the Court of the right to counsel, and to show why dn order of support and other relief prayed for in the petition should not be granted; and Eric Ross having denied the allegations of the petition; and The matter having duly come on to be heard before this Court; NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs and testimony offered in relation thereto, the Court finds that:

2 Page: 2 of Eric Ross is the non-custodial party, whose pro rata share of the basic child support obligation is $ monthly ($ for basic payment plus $46.97 for additional expenses) for the following child: Name The Child Date of Birth Social Security # 9/26/1998 XXX-XX-6019 And the Court finds further that: The non-custodial party's pro rata share of the basic child support obligation is neither unjust nor inappropriate; NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs and testimony offered in relation thereto, it is ORDERED AND ADJUDGED that effective June 17, 2009, Eric Ross is chargeable with the support of and is possessed of sufficient means and able to earn such means to provide the payment of the sum $ monthly to Galina Ross payable through the Support Collection Unit, such payments to commence on January 1,2010, for and toward the support of Eric Ross' child; Mother Ross pay additional expenses as follows: IT IS FURTHER ORDERED that Galina Expense Payment Unreimbursed Health Related 43% Payable/Payee 1st Pay Date Direct 6/17/2009 Direct 6/17/2009 ' V Child Care 43% Father IT IS FURTHER ORDERED that Eric Ross pay additional expenses as follows: Expense Payment Payable/Payee 1st Pay Date Unreimbursed Health Related 57% Direct 6/17/2009 Child Care 57% Direct 6/17/2009 Health Insurance Premium $46.97 monthly Support Collection Unit/ Galina MotherRoss 1/1/2010 IT IS FURTHER ORDERED AND ADJUDGED that the Respondent is additionally responsible for his pro rata share for health care expenses previously incurred by the Petitioner or $17.10 and this shall be paid to the Support Collection Unit by April 15, 2010; and IT IS FURTHER ORDERED that the remaining claims for health care expenses previously incurred by the Petitioner are hereby dismissed without prejudice; IT IS FURTHER ORDERED that all payments payable through the Support Collection Unit shall be made by check or money order payable to and mailed to: NYS Child Support Processing Center, PO Box 15363, Albany, NY The county name and account number for the matter must be included with the oavment for identification Durooses.1 mother

3 Father Page: 3 of IT IS FURTHER ORDERED AND ADJUDGED that Eric Ross is additionally responsible for the support so ordered from June 1,2009 to December 31,2009 and that Eric Ross pay or cause to be paid the sum of $2,002.94; IT IS FURTHER ORDERED that the above-stated amount is to be paid as follows: payments of $ weekly commencing on April 1, 2010, to Galina Ross payable through the Support Collection Unit; IT IS FURTHER ORDERED that the payor, custodial party and any other individual parties immediately notify the Support Collection Unit, PO Box 307, Building L, Sanatorium Road, Pomona, NY of any changes in the following information: residential and mailing addresses, social security number, telephone number, driver's license number; and name, address and telephone numbers of the parties' employers; And the Court having determined that the health insurance availability for each party is as follows: MOTHER Galina Ross: Health insurance is available through an employer or organization; Eric Ross: Health insurance is not offered through an employer or organization; MOTHER IT IS THEREFORE ORDERED that Galina Ross continue the following dependents under the below-named plan as long as it remains available: Dependents CHILD Health Insurance Plan Benefits Current available plan Dental Such coverage shall include all plans covering the health, medical, dental, optical and prescription drug needs of the dependents named above and any other health care services or benefits for which the legally-responsible relative is eligible for the benefit of such dependents; provided, however, that the group health plan is not required to provide any type or form of benefit or option not otherwise provided under the group health plan except to the extent necessary to meet the requirements of Section 1396(g-l) of Title 42 of the United States Code. The legally-responsible relative(s) shall assign all insurance reimbursement payments for health care expenses incurred for his/her eligible dependent(s) to the provider of such services or the party having actually incurred and satisfied such expenses, as appropriate; IT IS FURTHER ORDERED that the parties shall execute and deliver to each other any forms, documents, or instruments to assure timely payment of any health insurance claim for the child; IT IS FURTHER ORDERED that the legally-responsible relative(s) immediately notify the other party and the Support Collection Unit of any change in health insurance benefits, including any termination of benefits, change in the health insurance benefit carrier or premium, or extent and availability of existing or new benefits; IT IS FURTHER ORDERED that upon a finding that the above-named legally-responsible relative(s) willfully failed to obtain health insurance benefits as ordered, such relative(s) will be

4 Page: 4 of presumptively liable for all health care expenses incurred on behalf of the above-named dependent(s) from the first date such dependent(s) was/were eligible to be enrolled to receive health insurance benefits after the issuance of such order or execution directing the acquisition of such coverage; IT IS FURTHER ORDERED that a copy of this order be provided promptly by the Support Collection Unit to the New York State Case Registry of Child Support Orders established pursuant to Section 11 l-b(4-a) of the Social Services Law. Dated: &y*zd ^* *-&i O NOTICE OF ENTRY PLEASE TAKE NOTICE that the within is a true copy of the order entered in trie office of the Clerk of the Family Court of trie State of New York in the coounty fflocklana OTOY J\\ \CY\\Q ENTER /-) (-±En:.s.jr> Catherine M. Miklitsch, Support Magistrate NOTE: ( A J i M U i M OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT. (2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF ADJUSTMENT FINDINGS. (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS TO WHICH AN ADJUSTED ORDER CAN BE SENT, AS REQUIRED BY SECTION 443 OF THE FAMILY COURT ACT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.

5 F.C.A. 413,416,439(e) 4-SM-3 11/2008 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND In the Matter of a Support Proceeding File #: Docket*: F Galina Ross, Petitioner, CSMS #: BR05224P1 - against FINDINGS OF FACT Eric Ross, Respondent. Catherine M. Miklitsch, being the Support Magistrate before whom the issues of support in the above-entitled proceeding were assigned for determination, makes the following findings of fact: Galina Ross filed a petition on June 17,2009 seeking to establish support for the following: GR Name, Date of Birth Social Security # 9/26/1998 Galina Ross and Eric Ross were married on May 14, 1998, and are still husband and wife. The following child resides with Galina Ross:. Galina Ross has submitted the following proof of income, expenses, and/or support of others: GR financial statement, pay stubs, 2008 tax returns, 2008 W-2, and child care, health care expenses. ER Ross has submitted proof of income, expenses, or support of others: financial affidavit, Eric 2008 tax return and W-2, and a job search. Eric Ross is liable for the support of the above named child by virtue of marriage. An itemization of income and deductions of the parents and calculation of pro rata shares is annexed as Appendix A. The basic child support obligation for support of the following child is $1, monthly ($1, for basic payment plus $46.97 for additional expenses): Name Date of Birth 9/26/1998 MM/ Dd Social Security # Galina Ross is the custodial party, whose pro rata share of the basic child support obligation is $ monthly. Eric Ross is the non-custodial party, whose pro rata share of the basic child support obligation is $ monthly ($ for basic payment and $46.97 for additional expenses).

6 Page: 2 4-SM-3 The court has determined that child support shall be paid by Eric Ross to Galina Ross in the amount of $ monthly ($ for basic payment plus $46.97 for additional expenses). The non-custodial parties' pro rata share of the basic child support obligation is neither unjust nor inappropriate. Health insurance availability for each party is as follows: GR ER Galina Ross: Health insurance is available through an employer or organization; Eric Ross: Health insurance is not offered through an employer or organization. Health insurance coverage is to be provided as follows: Galina Ross is directed to continue health insurance coverage under the current available plan for the child, with contribution or premium of $82.40 monthly paid by Galina Ross. This plan contains the following benefits: Dental. The allocation between the parties of costs of medical premiums or contributions is prorated in the same proportion as each party's income is to the combined income. The Petitioner has the ability to earn $38, annually. The Respondent had no stated income from wages as of the filing of the petition or the date of the hearing. The Respondent has the ability to earn $ gross weekly based upon year to date income of $16, for 2008 earnings from Citigroup Global Markets based upon the testimony of the representative of the Support Collection Unit as of April 23, 2008 which covered seventeen (17) weeks. The Respondent is not working but the Court finds this reflects his ability to earn. The Respondent did submit a job search which reflected he contacted J P Morgan for a personal banker position in Nyack,, Montvale, Queens, Bronx, and Manhattan, and for an enterprising vault messaging engineer, as well as a database engineer/architect Lead oracle, Lead SQL Server; Chase; Veris Marshwinds-business analyst; VishalMehta, lmamopartners.com,;a recruiter; Search EDP Inc.;,a recruiting agency; Algomod Techologies Corporation, an IT recruiter; Software Guidance, a recruiter; trineaspects.com; i tmmi.com, svsservices.com;; Blue Wolf; Jack Schwartz; Alex Oak Ridge Staffing; Robert Half Staffing; pinnacleus; Noly Vega; Bernadette McHugh; Eliza Gonzalez; American Cybersystems; Interactive Brokers; Gain Capital;KForce Technology Staffing; Infotechnologies; Laura Santoro; ; David Wojdy Edgewater Group; and a few others. The Respondent lost his employment in early He received unemployment benefits during The Respondent testified he has a doctoral degree in computer engineering from the Moscow Scientific Research facility. The Petitioner disputed he had a degree. The Respondent did not mention that he had an MBA. In Exhibit Cthere are communications between Mr. Ross and Bernadette McHugh and which questio^elpar^mne date of receipt of his MBA because he listed one year on a resume and another year in the . He was also questioned about a claim of ten years when the resume listed 1990 to 1997 for his years at Enhance. In a letter he stated he had ten years experience as VP at Enhance but his clarification listed his VP from 1992 to 1997 for five years. The Respondent's credibility is at issue in this case. The Respondent's own,submitted documents reflect that he has not been accurate and precise regarding his background awexperience. The tenor of that exchange indicates a concern from an employment recruiter regarding the

7 Page: 3 4-SM-3 Respondent's veracity. The Court finds the Respondent's job search was harmed by his own lack of veracity and precision. The Respondent has assets including real estate, bank accounts, and other assets including stocks, bonds, or an IRA account. His financial affidavit, dated July 20,2009, listed monthly expenses of $8, monthly including his house and condo expenses. The Respondent shall pay $ per month toward basic support and $46.97 per month toward health insurance payable to the Support Collection Unit, Petitioner beneficiary, effective January 1, The Respondent owed $ per moth toward basic support and $46.97 per month toward health insurance or $ per month from June 1,2009 through December 31,2010 for seven months or $4, He paid $ on August 13, 2009, $ on September 4, 2009, and $ on November 9, 2009 for a total of $1, to the Support Collection Unit. The Respondent testified he Paid $1, toward the mortgage in the months of June, July, and August The court finds one third of these payments should be attribted to child support or $1, The arrears were $2, as of December 7, 2009 and the arrears shall be paid in the sum of $ per month to the Support Collection Unit, Petitioner beneficiary, effective April 1, The Petitioner incurred health care expenses for the child of $30.00 for Dr. Tucci, $ from Portsmouth Regional Hospital, $50.00 from Haverstraw Pediatric or $ but she only proved she paid Dr. Tucci. The Court could not determine what sums were due from Sports Physical Therapy, Joseph Deutsch, M.D. and Hudson Radiology because the lack of data as to the date of insurance, insurance payment, and payment by the Petitioner. The Respondent owed 57% of $30.00 or $17.10 and this shall be paid to the Support Collection Unit by April 15, The remaining claims are dismissed without prejudice. Dated: February 28, 2010 \ Catherine M. Miklitsch, Support Magistrate

8 File: Docket: F Petitioner: Galina Ross Respondent: Eric Ross Appendix A Itemization of Income and Deductions of Custodial and Non-Custodial Parents [FCA 413(l)(b), 413(1) (c), 413(l)(f), 416] Dated: CSMS: 2/28/2010 BR05224P1 Incomes and Deductions: Galina Ross: Income: Salary (1) Total: Deductions: Medicare (1) Social Security (1) Total: Eric Ross: Income; Salary (1) Total: Deductions: Medicare (1) Social Security (1) Total: $38, annually $38, annually $ annually $2, annually $2, annually $51, annually $51, annually $ annually $3, annually $3, annually AGI: $35, annually AGI: $47, annually Combined AGI; $82, annually Calculated Pro Rata Share: Number of Children in Custody of Galina Ross: 1 Calculations for Child in Custody of Galina Ross (1) The child support percentage for 1 child is 17% Galina Ross Eric Ross Total Annual Adjusted Gross Income $35, $47, $82, Pro Rata % 43% 57% Annual Pro Rata Share $6, $7, $14, Basic Support Payment $ monthly

9 Additions to Basic Support: Expense Expense Amount Galina Ross Eric Ross Health Insurance Premium - $82.40 monthly $35.43 monthly $46.97 monthly Dental Unreimbursed Health Related 43% 57% Child Care 43% 57% Total; $ annually $ annually $ annually Basic Child Support Obligation: Combined Galina Ross Eric Ross Basic Support Payment $1, monthly $ monthly $ monthly Total Additional Expenses $82.40 monthly $35.43 monthly $46.97 monthly Total Child Support Payment $1, monthly $ monthly $ monthly Page: 2 Appendix A The court has determined that the support payable by Eric Ross to Galina Ross shall be $ monthly ($ for basic payment plus $46.97 for additional expenses). Retroactive Calculations: Calculated From Date: 6/17/2009 Calculated To Date: 2/28/2010 Balance Due: Payable Via SCU: $4, Retro/Arrears Payments: Payments Via SCU: Amount: $50.00 weekly First payment date: March 26, 2010 Number of payments: 91 Final Payment: $38.28

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