Legal Question in Family Law in New York
child support based on potential income
I have been ordered to pay child support based on an amount the judge says I have the potential of making as opposed to the amount reflected on my income tax returns. Is a judge allowed to do this? I want to pay for my children but I can't pay based on an amount I don't make.
1 Answer from Attorneys
Re: child support based on potential income
Under New York law, "In determining a party's child support obligation, the court 'need not rely upon the party's own account of his or her finances, but may impute income based upon the party's past income or demonstrated earning potential'" Strella v. Ferro
841 N.Y.S.2d 118 (2007).
In Strella, the Court "imputed an annual income to the father based upon the evidence at the hearing that he could earn approximately $96,000 a year because of his education and his professional license in real estate, testimony regarding his previous earnings, and the testimony of an expert regarding the father's ability to earn an income."
Mike.
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