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SUPPORT CALCULATIONS IN NY WHEN SOMEONE’S INCOME IS UNCLEAR

Law Firm of Steven Gildin
SUPPORT CALCULATIONS IN NY WHEN SOMEONE’S INCOME IS UNCLEAR 

There are various calculations that a New York Court will use to determine how much child and or child support will be Ordered.  These calculations are pretty straightforward when the person who will be paying support has a typical job where they are issued pay-stubs and a year end W2 detailing their earnings.  But what if the person’s income is not clear and simple ?  Here are some examples :- working off the books

– paid as an independent contractor that receives a 1099

– self employed in their own business

– unemployed or under-employed

In these situations, the Judge is given discretion in determining whether to “impute” income to that person.  “Imputation” of income means that although the person alleges that they only earn “X”, they will be assigned a higher income for the support calculations.  Rather than relying on the person’s own account of their finances, the Judge will then consider various factors such as the person’s :

– past income
– future potential earnings
– business receivables and expenses
– personal lifestyle, expenses and spending habits

The person seeking the financial support should gather as much proof as possible to assist the Judge in ‘imputing’ the highest amount of income as possible. Since this can be a tricky task, however, using a skilled and experienced lawyer is advisable.  Here is one tip for now, which is a relatively new and creative method – searching social media posting to show lifestyle and spending habits.