Child Support

Spouse Must Adequately Demonstrate That a Higher Salary Should Be Imputed With Substantial and Credible Evidence To Increase Child Support

In the family law, child support case of Scrivanich vs. Conover (App. Div. No. 20-2-3667), the plaintiff’s husband appealed an order compelling defendant to pay $8 per week in child support, contending that the court abused its discretion by failing to find that defendant was voluntarily underemployed and by deciding to impute a higher income to him. The appellate panel affirms, the ruling that judge’s determination that plaintiff failed to adequately demonstrate that a higher salary should be imputed to defendant was supported by substantial and credible evidence where, among other things, he provided no evidence that she worked as a translator or is currently certified as a translator and the record shows that she did not work during the marriage, left the state because she was destitute, was homeless upon her return, and that she has a lengthy history of mental illness. The panel also rejected plaintiff’s claim that the court’s fact-finding and reasons were inadequate to support the child support order, finding that while not exemplary, the reasons given provide a sufficient basis for the result entered.

Reference: Case and Analysis New Jersey Law Journal, 216 N.J.L.J. (May 5, 2014)

Filed Under: Family Law; Family Law Litigation; Child Support; Impute Higher Income; Burden of Proof

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