Divorce: New York

Divorce: New York

Tag Archives: Income

Imputing Income When Determining Child Support

Posted in Child Support (C.S.S.A.)
Three Second Department decisions within eight days this month reveal the discretion of the trial court when income is not apparent (no pun intended) on a determination of a parent’s basic child support obligation. In Fein v. Fein, the Appellate Division, Second Department, affirmed the determination of Westchester County Supreme Court Justice Bruce E. Tolbert to impute … Continue Reading

Considering Fringe Benefits in Child Support Cases

Posted in Child Support (C.S.S.A.)
Two cases this month discussed the treatment of employer-provided fringe benefits in child support determinations. In his May 14, 2012 decision in K.W. v. M.W., Onondaga County Family Court Judge Michael L. Hanuszczak rejected a father’s objections to the determination of a Support Magistrate. While doing so, Judge Hanuszczak considered the impact of certain union fringe … Continue Reading

“Gross (Total) Income” for the Purposes of Child Support and Temporary Maintenance

Posted in Child Support (C.S.S.A.), Maintenance, Tax Matters, Temporary (Pendente Lite) Relief
Have you looked at an IRS Form 1040 (pdf) lately? Looking at the 1040 is supposed to begin the C.S.S.A. calculation for determining child support.  For actions commenced on or after October 13, 2010, it is also the first step when determining temporary maintenance. When computing child support under either the Family Court Act or the Domestic Relations … Continue Reading