New York Divorce Lawyer Blog
In New York, child support determinations typically require courts to evaluate each parent’s financial circumstances and apply statutory guidelines. Notably, in doing so, the courts will generally regard documentary evidence regarding income over uncorroborated testimony, as demonstrated in a recent New York ruling issued in a child support case. If you are involved in a child support dispute, it is smart to talk to an attorney about what evidence you should offer to support your position.
History of the Case
It is reported that the mother filed a petition seeking initial child support against the father, who is the non-custodial parent of their child born in 2019. Allegedly, the father, who also has other children from a prior relationship, was subject to an earlier consent order requiring him to pay child and spousal support to his former wife. Following a fact-finding hearing in 2022, at which only the mother testified, the support magistrate ordered the father to pay $2,400 per month in basic child support. Additionally, the father was required to contribute $1,179.24 monthly for childcare expenses and health insurance premiums.
Allegedly, the support magistrate calculated the father’s annual income at $200,075 based on his individual tax returns, W-2 statements, and corporate tax filings. The calculation included business income from the father’s private law practice and undistributed earnings. The court imputed no additional income to the mother, who was raising the child as a single parent while working part-time as an attorney. Dissatisfied with the ruling, the father appealed, challenging the income imputation and the overall child support award.
Determining Income in Child Support Disputes
Upon review, the court focused on the support magistrate’s methodology in calculating income and applying statutory child support guidelines. The court first addressed the father’s contention that the support magistrate improperly imputed income to him based on uncorroborated testimony. The court rejected this argument, noting that the income calculation was grounded in documentary evidence, including tax records and corporate filings. Courts are permitted to disregard a party’s self-reported financial data if it lacks credibility or substantiation, as was found in this case.
Next, the court considered whether the father’s obligations to his prior children and former spouse should have reduced his income for child support purposes. Under New York Family Court Act § 413, amounts actually paid pursuant to a court order may be deducted from a parent’s income. However, the father failed to produce evidence of payment, such as bank statements or checks, rendering the claimed deductions ineligible. The court emphasized that deductions require clear proof of payment, which the father’s testimony and documents did not provide.
Regarding the mother’s income, the court affirmed the support magistrate’s decision not to impute additional income. The mother demonstrated that her part-time work was constrained by childcare responsibilities, with limited opportunities for overtime or additional employment. Given the mother’s caregiving role and the absence of assistance from the father, the court found no basis to increase her imputed earnings.
Finally, the court addressed the decision to award child support exceeding the statutory cap. The Family Court Act allows support awards above the cap when justified by specific circumstances, such as significant income disparities or the needs of the child. Here, the court found the award reasonable, considering the father’s higher earning capacity and the mother’s role as the sole caregiver. Notably, the support magistrate reduced the maximum possible award by $400 per month, benefiting the father.
Contact a Seasoned New York Child Support Attorney
If you are navigating a child support dispute, it is in your best interest to consult an attorney regarding what steps you can take to seek a fair outcome. Ksenia Rudyuk is a seasoned New York child support attorney with the skills and experience required to provide you with the guidance and representation you need. To schedule a consultation, contact Rudyuk Law Firm at 212-706-2001 or use our online form to arrange a meeting.