Child Support

If a parent doesn’t show up to court or comes to court but fails to provide enough evidence to prove his/her gross income, the court will try estimate or guess what his/her gross income is. This is known as “attributing” or “imputing” income. When making this decision, the court will consider:

1. the parent’s:
   • assets;
   • place of residence; 
   • employment and earning history; 
   • job skills;
   • level of education; 
   • literacy; 
   • age; 
   • health; 
   • criminal record and other employment barriers; and
   • record of seeking work; 
2. the local job market; 
3. the availability of employers willing to hire the parent;
4. the typical amount of money earned by others (“prevailing earnings level”) in the local community;
5. the age, number, needs, and care of the children covered by the child support order; and
6. other relevant background factors.¹

^​1 NY Fam Ct Act § 413(1)(k), (1)(b)(5)(iv)