Can anyone tell me the guidelines for basing support on "imputed income" I recently was awarded custody of my 5 year old daughter, and my ex-wife has now filed a petition to stop her child support. The reason she wants to to stop paying support is she is claiming that she is unemployed. She works with her best friend and they do in home daycare. Of course they get paid under the table. Anyways, my ex-wifes new Fiance's income is in excess of $75K. My question is, if her income cannot be proved, and she is more than willing to offer that her fiance supports her, am I entitled to use his income as a basis for child support? NYS guideline is currently 17% for 1 child. If yes, can you direct me to a site where I can print off information regarding imputed income. Possibly even case law?
I would appreciate any help I can get on this matter as I have my first appearance in front of a support magistrate on 11/21.