New York Child Support laws

[Jason Hergert]

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.

Thank you

[confusedinVA]

no, her new spouses income will not be imputed. However, she is voluntarily underemployed and therefore WILL NOT be able to stop her support payment. I doubt if she will even be able to get it lowered.

[elklaw]

Imputed means the court is probably using what is reasonable income for the business where it is located and for its size if there is no actual income or tax returns provided; and the court will look at the parents' income to set support, not their spouse's income. It sounds like the court is going to come up with a reasonable amount for the daycare income based on its operating history or the operating history for one of a comparabel size and impute the mother's income since the court may believe she is claiming voluntary unemployment or underemployment. I would discuss with a lawyer, but it sounds like this is what is going on based on what you are saying.

[mom26]

She can't stop child support if she is unemployed. That's her choice to not work. No matter what she will have to pay support untill the child turn 18. Unless you are willing to terminate her support order. But custodial parent must agree.

[Tahari]

no, her new spouses income will not be imputed. However, she is voluntarily underemployed and therefore WILL NOT be able to stop her support payment. I doubt if she will even be able to get it lowered.

ARe you sure about that. I've read thru previous posts and sites that it is considered in certain circumstances. Their joint accounts may have liens put upon them etc if she is under employed as well as far in arrears.