Morrissey v. Morrissey
Decision Date | 01 March 1999 |
Citation | 259 A.D.2d 472,686 N.Y.S.2d 71 |
Parties | CAROL MORRISSEY, Respondent,<BR>v.<BR>WILLIAM MORRISSEY, Appellant. |
Court | New York Supreme Court — Appellate Division |
Bracken, J. P., Santucci, Goldstein and McGinity, JJ., concur.
Ordered that pending the new determination as to child support, the defendant shall pay the plaintiff $175 per week child support, in accordance with the pendente lite order of the Supreme Court dated September 29, 1994.
In determining a party's child support obligation, the court need not rely upon a party's own account of his or her finances, but may impute income based upon past income or demonstrated earning potential (see, Kay v Kay, 37 NY2d 632; Rocanello v Rocanello, 254 AD2d 269; Brown v Brown, 239 AD2d 535). "Child support is determined by the parents' ability to provide for their child rather than their current economic situation * * * An imputed income amount is based, in part, upon a parent's past earnings, actual earning capacity, and educational background" (Zwick v Kulhan, 226 AD2d 734). Here, the court properly imputed income for the defendant based on past earnings in employment in a supervisory capacity. However, it appears that it improperly credited him with all of the income from a disability pension. Pursuant to a stipulation between the parties, the wife was awarded 30% of that pension as part of her distributive award. Accordingly, we remit the matter to the Supreme Court, Queens County, for a recomputation of child support.
In fixing the amount of a maintenance award, a court must consider the financial circumstances of both parties, including...
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