Legal Opinion

Fein v. Fein

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 2014Published

1Opinion of the Court

The parties were married in 1993 and have three children, born in 1994, 1996, and 1998, respectively. The plaintiff worked as a trader in the financial industry before losing his job in late 2009, and the defendant stayed at home with the children. The plaintiff commenced this action for a divorce and ancillary relief in March 2009, and the matter proceeded to a nonjury trial in June 2011.

Contrary to the defendant’s contentions, the Supreme Court did not improvidently exercise its discretion in imputing to the plaintiff an annual income of only $125,000 for the purpose of calculating child…

2Cases cited5 opinions

  1. MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
  2. Wortman v. WortmanAppellate Division of the Supreme Court of the State of New York · 2004
  3. Groesbeck v. GroesbeckAppellate Division of the Supreme Court of the State of New York · 2008
  4. Iarocci v. IarocciAppellate Division of the Supreme Court of the State of New York · 2012
  5. Haagen-Islami v. IslamiAppellate Division of the Supreme Court of the State of New York · 2012

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