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Petitioner testified that BMB resided with him from May 2004
until March 2005. With respect to the amounts provided for his
niece’s support, petitioner explained that, due to an overcharge
on his bank account, he was required to deposit his paychecks in
his girlfriend’s account. He testified that he gave Ms. Parks
approximately $100 every 2 weeks to support his niece, BMB.
Petitioner further testified that he bought BMB clothes,
food, and diapers. He estimated that he spent $30-35 per week
for food for BMB. Petitioner also stated that he purchased $30
worth of disposable diapers in a box that would last
approximately a month. According to petitioner, Ms. Carmicle
would also purchase baby clothes for BMB.
At trial, Ms. Parks confirmed that BMB went to live with
petitioner in May 2004, while she attended summer school, which
ended in July 2004. For a 1 month period between summer school
and the start of the school year in August, BMB “came and stayed
for a little bit.” According to Ms. Parks, BMB “sometimes”
stayed with her at her mother’s house during weekends after the
start of the school year. Ms. Parks also testified that her
mother would help financially when she could. In Ms. Parks’
estimation, it cost about $100 per month to support BMB.
We find petitioner’s testimony to be credible as to the fact
that he provided support for his niece. We also find
petitioner’s sister to be credible as well. However, the record
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