Legal Opinion

Emery v. Bond

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

Decided February 16, 2000PublishedCited by 3 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: We reject the contention of respondent that the Hearing Examiner erred in calculating his child support obligation based upon an imputed income of $1,811.67 per month. “[A] court need not accept a party’s account of his or her finances when that account is not believable * * * [and] a court has considerable discretion to attribute or impute an annual income to a parent * * * based upon his or her ability to earn sufficient means to pay child support” (Blaise v Blaise, 241 AD2d 680, 682; see, Family Ct Act § 413 [1] [b] [5] [iv]; Matter of…

2Cases cited5 opinions

  1. Susan M. v. Louis N.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Blaise v. BlaiseAppellate Division of the Supreme Court of the State of New York · 1997
  3. Southwick v. SouthwickAppellate Division of the Supreme Court of the State of New York · 1994
  4. Mobley-Jennings v. DareAppellate Division of the Supreme Court of the State of New York · 1996
  5. Weber v. CoffeyAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Barker v. DormanAppellate Division of the Supreme Court of the State of New York · 2002
  2. Matter of Montgomery v. ListAppellate Division of the Supreme Court of the State of New York · 2019
  3. Matter of Worfel v. KimeAppellate Division of the Supreme Court of the State of New York · 2017

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