Wednesday, April 27, 2016

IMPUTING INCOME IN CHILD SUPPORT


Compare these two cases:

Matter of Taylor v Benedict 2016 NY Slip Op 00803 Decided on February 5, 2016 Appellate Division, Fourth Department:

" At the hearing, the father testified that he was currently unemployed, but that he had worked for a company "off and on" for over five years, making $10 per hour, and that he did not have any medical disabilities preventing him from working. Family Court determined that the Support Magistrate imputed income to the father of $20,800 per year, and we conclude that the determination is supported by the record and was based on the relevant factors (see Lauzonis v Lauzonis, 105 AD3d 1351, 1351; Matter of Monroe County Support Collection Unit v Wills, 21 AD3d 1331, 1331, lv denied 6 NY3d 705). "

Balaj v Balaj 2016 NY Slip Op 00685 Decided on February 3, 2016 Appellate Division, Second Department:

"Income may be imputed to a party based on factors including his or her educational background, past earnings, and employment potential (see Zloof v Zloof, 104 AD3d 845; Cusumano v Cusumano, 96 AD3d 988, 990; Rand v Rand, 29 AD3d 976; Scammaca v Scamacca, 15 AD3d 382; Kalish v Kalish, 289 AD2d 202). Here, the Supreme Court properly imputed income to the plaintiff in the amount of only $150,000. Although his previous earnings were much higher than that amount, he provided credible evidence of a downturn in his field of employment."

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