Family Court improvidently exercised its discretion in not imputing to the father as income the $500 per month he was earning from his part-time employment in 2012 solely on the basis of Family Ct Act § 437-a, which bars the Family Court from requiring a recipient of social security disability benefits to engage in certain employment related activities. That statute is not dispositive in this case where the father had been employed during the pendency of his social security disability benefits application and did not show that he was unable to continue to be employed in any capacity after he began receiving benefits. The matter was remanded for a new determination as to the amount of child support, including a new determination as to whether the $500 per month should be imputed to the father.
Case: Matter of Anthony S. v. Monique T.B., NY Slip Op 02365 (1st Dep't March 28, 2017)
Here is the decision.
Tomorrow's issue: Statute of frauds.
