Mongelli v. Mongelli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1071The Supreme Court erred in determining the plaintiffs child support obligation. While a court may depart from a party’s reported income and impute income based on the party’s past income or demonstrated earning potential (see Viscardi v Viscardi, 303 AD2d 401 [2003]), such a determination must be grounded in law and fact (see Petek v Petek, 239 AD2d 327, 328 [1997]). Here, the court failed to properly consider that the plaintiffs opportunities to earn overtime compensation at his job had lessened in recent years, and that the home improvement jobs that he performed on the side were for family…
2Cases cited11 opinions
- DeCabrera v. Cabrera-RoseteNew York Court of Appeals · 1987
- MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
- Price v. PriceNew York Court of Appeals · 1986
- Petek v. PetekAppellate Division of the Supreme Court of the State of New York · 1997
- Mesholam v. MesholamNew York Court of Appeals · 2008
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3Cited by8 opinions
- Scher v. ScherAppellate Division of the Supreme Court of the State of New York · 2012
- DeSouza-Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 2010
- McLoughlin v. McLoughlinAppellate Division of the Supreme Court of the State of New York · 2010
- Jones v. JonesAppellate Division of the Supreme Court of the State of New York · 2012
- Johnson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2012
3 more not listed; retrieve them via the Exa API.