Lutsic v. Lutsic
Court: Appellate Division of the Supreme Court of the State of New York; December 3, 1997; New York; State Appellate Court
Appeal from a Family Court order granting a downward modification of child support obligations. The petitioner and respondent are the biological parents of twins (born 1981), who reside with the respondent. In January 1990, the petitioner was ordered to pay $115 weekly in child support. After losing his job in December 1994, the petitioner sought a reduction in his obligation. A hearing concluded with the Hearing Examiner reducing the support amount to $84 weekly, based on an imputed income of $17,500 after FICA deductions. The Family Court affirmed this decision despite the petitioner's objections, leading to the current appeal. The central argument on appeal is that the Family Court improperly imputed income without evidence of deliberate income reduction or possession of non-income producing assets. The court referenced previous rulings, stating that a parent’s support obligation is based on their ability to earn, not just their current financial situation. The court found sufficient evidence of the petitioner's employability, affirming the imputed income determination. Other arguments raised by the petitioner were also deemed meritless. The order is affirmed without costs.