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Decades Of Litigation Experience


| Jun 14, 2021 | Firm News |

By Matt Cavallo, Esq.

If you receive income from a family member or friend, income can be imputed to you such that your child support obligation will be higher. “The court may impute income to a party based on his or her employment history, future earning capacity, educational background, or money received from friends and relatives” Klein v Klein, 178 A.D.3d 802, 803 (N.Y. App. Div. 2d Dep’t 2019) (internal quotations omitted).

Furthermore, the “court has considerable discretion in determining whether income should be imputed to a party and the court’s credibility determinations are accorded deference on appeal” Id. at 804 (internal quotations omitted).

In a matrimonial action, money that is provided to you by your family or friends may need to be revealed in the proceedings, and this money may result in an argument being made that your income for child support purposes must increase. While accepting such money may be necessary to you for short term financial assistance while your divorce is pending, if an adversary comes to know that such payments are being made, they may use it to argue that your income for child support purposes should be higher. Having a higher income for calculating child support will result in you having a higher monthly child support obligation.