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The Appellate Division affirmed the judgment, meaning it upheld the lower court's decision. The court explained that judges have broad discretion to impute income and don't have to accept a parent's own claims about their finances. If a parent's story isn't believable, the court can assign a higher income. Here, the $72,000 figure was based on Barkuzzaman's own admissions during trial. The court also noted that business expense deductions are only allowed when proven with real records, like tax returns and receipts. Barkuzzaman did not prove his actual business expenses, so the higher income figure and the resulting child support order stood.
Rehana and Barkuzzaman Qazi married in 1994 and had two children. Rehana filed for divorce in May 2016. A trial without a jury took place in December 2017 to decide custody, parenting time, child support, property division, and legal fees. The trial court decided Barkuzzaman's real income was $72,000 a year, even though he claimed something different. Using that number, the court ordered him to pay $1,384.10 a month in basic child support. He was also ordered to pay 66% of the children's unreimbursed medical costs and college expenses. A judgment of divorce was entered in November 2018. Barkuzzaman appealed, challenging the income figure used to calculate support.
The main question was whether the trial court was allowed to impute, or assign, an annual income of $72,000 to Barkuzzaman for child support purposes. He argued the number was wrong. The appeals court had to decide if the trial judge had enough support in the record to make that call, especially when a parent's actual finances are disputed.
This case shows that in New York, courts don't have to take a parent's word for their income when calculating child support. Judges can look at the whole record, including admissions made in court, to set a fair number. It also shows why proof, like tax records and receipts, matters when claiming business expense deductions in support cases.
Talk to a licensed family law lawyer in New York.