Friday, July 29, 2016

A court's determination as to child support.

Practice point:  A court is not bound by a party's account of his or her own finances, and where a party's account is not believable, the court is justified in finding a true or potential income higher than that claimed.

Student note:  Courts are afforded considerable discretion in imputing income.

Case:  Elsayed v. Edrees, NY Slip Op 05356 (2d Dep't July 6, 2016)

Here is the decision.

Tomorrow's issue:  A failed motion to strike an answer.