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NY Courts Can Impute Parental Income

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A recent New York Supreme Court case held that the court does not need to rely upon a “party’s own account of finances for child support purposes, but rather may impute income based upon the party’s past income or demonstrated earning potential”

In Belkhir v. Amrane-Belkhir, the lower court did not impute income to the plaintiff for the first six months after he was terminated by his company, however they imputed income after the six months expired at $140,000.00 per year.  The New York Supreme Court upheld that decision because the record supports that since the plaintiff’s termination was not his own fault, it was reasonable to give him a six months grace period to find another job.  Additionally, the court considered the plaintiff’s education, experience, and long-term earning history, when deciding on the $140,000 imputation.  When affirming the decision, the court held that the “court [is] not required to find that a parent deliberately reduced his or her income to avoid a child support obligation before imputing income to that parent.”

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