Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Kurt WESTENBERGER, appellant, v. Rosalie WESTENBERGER, respondent. (Proceeding Nos. 1 and 2).
IN RE: Rosalie Westenberger, respondent, v. Kurt Westenberger, appellant. (Proceeding Nos. 3 and 4).
In related child support proceedings pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Marks, J.), dated April 14, 2004, which denied his objections to an order of the same court (Dwyer, H.E.) dated March 25, 2003, which, after a hearing, inter alia, directed him to pay child support in the sum of $141 per week for two of the parties' children and arrears in the sum of $8,565.25.
ORDERED that the order is affirmed, without costs or disbursements.
The appellant's contention that the hearing examiner erroneously imputed income to him for the purpose of calculating his child support obligation is without merit. In determining a party's child support obligation, “a court need not rely upon the party's own account of his or her finances, but may impute income based upon the party's past income or demonstrated earning potential” (Rocanello v. Rocanello, 254 A.D.2d 269, 678 N.Y.S.2d 385; see Curran v. Curran, 2 A.D.3d 391, 767 N.Y.S.2d 852). This is particularly true when, as here, the record supports a finding that the appellant's reported income on his tax return is suspect (see Ivani v. Ivani, 303 A.D.2d 639, 757 N.Y.S.2d 89; Matter of Graves v. Smith, 284 A.D.2d 332, 333, 725 N.Y.S.2d 367; see also Matter of Hurd v. Hurd, 303 A.D.2d 928, 757 N.Y.S.2d 170).
The appellant's remaining contentions are without merit.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: November 21, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)