Get Your Free Consultation 24/7

NY Courts Can Impute Parental Income

About Jay D. Raxenberg

Not just any divorce attorney. Learn what makes Jay D. Raxenberg Long Islands choice for Divorce Law.

Why Choose Us?

Find out what sets us apart and what you should be looking for when choosing a family law attorney.

Divorce Do's and Dont's

Find out what you should and shouldn't do during the divorce process.

 

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.”

If you are having a legal issue in the field of family or matrimony law and want to speak to a trusted and experienced Long Island divorce and family attorney to discuss your options, please contact the Law Office of Jay D. Raxenberg.

Call (516) 491-0565 or toll free at (888) 543-4867.

Posted in
Speak To An Attorney Now