Lynn v. Kroenung
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Pursuant to Family Court Act § 413 (1) (b) (5) (i), a court must begin its child support calculation with the parent’s gross income “as should have been or should be reported in the most recent federal income tax return” (see Domestic Relations Law § 240 [1-b] [b] [5] [i]). However, the court may also consider income for the tax year not yet completed (see Eberhardt-Davis v Davis, 71 AD3d 1487, 1488 [2010]; Matter of Azrak v Azrak, 60 AD3d 937, 938 [2009]; Matter of Taraskas v Rizzuto, 38 AD3d 910, 910 [2007]). Since the hearing in this case took place after the end of the 2010 tax year, but…
2Cases cited17 opinions
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- Rohrs v. RohrsAppellate Division of the Supreme Court of the State of New York · 2002
- Cimons v. CimonsAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by9 opinions
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- C.G. v. F.G.New York Supreme Court · 2016
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