In a recently decided case, the appellate court affirmed the long held principle that when it comes to analyzing a parties income for determining support obligations, the actual income must be considered as well as the earning potential or earning capacity of the individual. Regardless of what side of this argument you may find yourself, The Durst Firm has the experience necessary to present persuasive arguments to the court.
FAMILY LAW
20-2-0594 Bell v. Bell, App. Div. (per curiam) (10 pp.) Plaintiff appeals from various aspects of postjudgment orders of the Family Part. The panel concludes that the court correctly excluded defendant’s Temporary Assistance to Needy Families benefits from his gross income under the child-support guidelines but in suspending his payment obligation completely because of his TANF eligibility, the court overlooked the possibility that the ability to earn additional income may be imputed to a parent who is the recipient of TANF or other means-tested government benefits. Because the judge did not make the necessary findings regarding defendant’s ability to earn additional income, the panel remands for a retrospective assessment of whether any income should have been imputed to him during the period he was receiving TANF benefits. As to the remaining issues, which fundamentally pertain to custody and visitation, because the panel finds that the matrimonial settlement agreement, which plaintiff seeks to enforce, and the psychologist’s expert recommendations have become stale with the passage of time, it remands for reconsideration by the Family Part, in anticipation that the court arrange, if it is financially feasible, for an updated expert evaluation of the child.
