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Can the Judge impute income ??

Newburgh, NY |

I'm a board certified internist & my Husband is a cardiologist . We've been married for 20 yrs & have 2
boys 14 & 11 yrs old. From the time I started I 've always worked part- time .This was because my husband being on call & working long hours did not want me to work full- time ,in fact threatening me
that he would divorce me if I did.He said that without supervision after school ,in this country kids can
easily get swayed into bad habits / become drug addicts & tried to convince me by saying " You may earn more but will you be happy if one of the kids becomes a drug addict ? Now ,since he filed the divorce he wants me to work full time saying that with my salary I should be able to support myself so he doesn't have to pay a big chunk of his salary as spousal support to me.

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Attorney answers 6

Best Answer

You would ultimately need to show that you're making efforts to find full-time work. Your Husband is likely to deny making those statements or argue that he was only wanting you to stay home when the children were younger, not now when they're adolescents. But just because you make efforts to find full-time work doesn't mean you'll be successful - meaning this wouldn't negate the maintenance issue. For a full assessment, schedule a consultation with an Orange/Westchester Divorce attorney.

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A Judge can always impute income but it doesn't mean that he/she will or do so fully. I hope you have an attorney.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Sure. It happens every day. Yours may be imputed because you are a highly credentialed individual and we are on a kick these days to punish success. However, there will be a division of assets and money and he will be more punished than you. I do hope you have an attorney.

Good luck.

Curt Perri Bogen

Curt Perri Bogen


Cynical, but quite accurate--unfortunately, the current trend is that success is societally attributed to avarice, greed and abuse, rather than the Horatio Algiers model we grew up on, stating hard work equating in success is part of the ability of all Americans to better themselves.

Peter Christopher Lomtevas

Peter Christopher Lomtevas


I do not engage in cynicism but rather a high level of objective accuracy. The apparatus has failed and I see no need in pretending it works.


You will be hard put to get away with spousal maintenance. You are licensed and board certified and even you admit that is only because hubby didn't want you to work full time. That restriction is gone. I have never heard of someone with your background unable to find full time work which exceeds the income from the part time work. Your reward is that the superior assets from working full time that he brought into the marriage will be subject to equitable distribution and based upon your staying home and working only part time, you should get 50% or so of everything. Consult a matrimonial attorney, and consider one outside Orange County depending upon his connections with local attorneys as an MD.

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Consult with an experienced divorce lawyer to help you. You can seek child support, spousal support, legal fees, share of pensions and assets accumulated during the marriage, health insurance, educational and child care expenses for the children. Each case varies on the circumstances. You past work history is a factor in the case.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


Absolutely. Imputing income is discretionary. The amount is also discretionary, but would be based on income you would expect to make if you worked full time in your field. You should speak with an experienced attorney; someone who is extremely prepared and persuasive. Nothing is a guarantee but the right attorney could increase the likelihood of a favorable outcome.

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