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MUOK, GWENDOLYN G. v. MUOK, JOSEPH N.
Citation: Not availableDocket: CAF 15-01514
Court: Appellate Division of the Supreme Court of the State of New York; April 29, 2016; New York; State Appellate Court
Original Court Document: View Document
The Supreme Court of the State of New York, Appellate Division, addressed an appeal by Joseph N. Muok regarding a Family Court order related to child support and income imputation. The appeal stemmed from a corrected order denying Muok's objections to a Support Magistrate's ruling that modified child support obligations due to a significant increase in Muok's income. The court upheld the Magistrate’s decision to include income above the statutory cap of $141,000 in the child support calculation, emphasizing the need to consider the children’s lifestyle had the marriage remained intact. However, the court found error in the Support Magistrate's decision not to impute income to Gwendolyn G. Muok, the mother, who had not worked since 2007 and had not sought employment appropriate to her qualifications. The court determined that, based on her education and work history, Gwendolyn could be imputed an annual income of $20,000, excluding Social Security income. The court modified the corrected order to reflect this finding and remitted the case back to Family Court for recalculating child support obligations and addressing uninsured medical expenses. Other contentions raised by Muok were deemed without merit, and the mother’s arguments regarding alleged errors were not considered due to the absence of a cross-appeal. The order was affirmed as modified and without costs.