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Imputed Income: A Look at What Courts Find Persuasive

By Marcy L. Wachtel
September 02, 2014

In Part One of this article, we looked at some of the factors courts use in determining whether to impute income to a divorcing spouse, and how much. But one of the most powerful influences on a court's decision to impute income may be its suspicion that a party simply is not being as forthcoming with the truth as he or she should be.

Supporting Spouse's Income Claims Not Credible

Often, it has been the parties' standard of living that led courts to impute a higher income than reported because the court deems such income necessary to afford the historical expenditures. For example, in C.R.Z. v. D.E.Z., 200558/09, NYLJ 1202503772255 (Supreme Court Suffolk County, Referee A. Jeffrey Grob), discussed in Part One, the husband made his living as a diamond merchant, marketing stones under several corporate entities. He gave testimony with respect to the sources of his income, which the court found “conflicted and equivocal.”

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