Legal Opinion

Rohrs v. Rohrs

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

Decided August 12, 2002PublishedCited by 31 opinions

1Opinion of the Court

*318The Supreme Court properly imputed income to the plaintiff from his house-painting business. That court properly found that the plaintiff’s testimony with respect to this income was incredible. 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 (see Matter of Thomas v DeFalco, 270 AD2d 277).

In calculating the plaintiff’s child support obligation, the Supreme Court failed to comply with Domestic Relations Law § 240 (1-b) (b) (5) (vii) (C), by…

2Cases cited8 opinions

  1. MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
  2. Jablonski v. JablonskiAppellate Division of the Supreme Court of the State of New York · 2000
  3. Polychronopoulos v. PolychronopoulosAppellate Division of the Supreme Court of the State of New York · 1996
  4. Frei v. PearsonAppellate Division of the Supreme Court of the State of New York · 1997
  5. Lekutanaj v. LekutanajAppellate Division of the Supreme Court of the State of New York · 1996

3 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 2005
  2. Bibas v. BibasAppellate Division of the Supreme Court of the State of New York · 2009
  3. McLoughlin v. McLoughlinAppellate Division of the Supreme Court of the State of New York · 2009
  4. Yarinsky v. YarinskyAppellate Division of the Supreme Court of the State of New York · 2007
  5. Levy v. LevyAppellate Division of the Supreme Court of the State of New York · 2008

26 more not listed; retrieve them via the Exa API.

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