A Parent’s Representations of Their Finances Not Binding on a Court, Court May Impute Income

The determination of child support, a matter public policy, requires that a party’s depiction of his or her financial situation (earnings and the ability to earn income) is strictly governed. Unsubstantiated descriptions are ill received by the courts. It is well settled law that, in determining a parent’s child support obligation, a court need not rely upon a party’s own account of his or her finances, but may impute income based upon the party’s past income or demonstrated future potential earnings (Rohme v. Burns, 92 A.D.3d 946, 939 N.Y.S.2d 532 (2nd Dept.,2012). A party must, therefore, present hard and accurate evidence in support of his or her financial difficulties or hardships.