How does judge impute an income?

[nymoms]

What is the name of your state? NY

Hi,

The father of my child was taking to court by me, so that he would start making child support payments. Now, at the time of the court hearing he was in law school and was going to graduate in a month. He was also schedualed to take his bar exam this July, and I know that he passed it. The judge had to impute income because he did not work while he was in school. The judge imputed income of $45,000 a year. Now, my question is - what do you think an attorney in NYC is capable of earning? Do you think that 45,000 a year is reasonable?

Thanks

 

[Ohiogal]

What is the name of your state? NY

Hi,

The father of my child was taking to court by me, so that he would start making child support payments. Now, at the time of the court hearing he was in law school and was going to graduate in a month. He was also schedualed to take his bar exam this July, and I know that he passed it. The judge had to impute income because he did not work while he was in school. The judge imputed income of $45,000 a year. Now, my question is - what do you think an attorney in NYC is capable of earning? Do you think that 45,000 a year is reasonable?

Thanks

Depends on what type of attorney. You have no clue what area of the law he will be working. Did he pass the bar (when did they post the results)? And apparently it was this PAST July he took the bar correct? According to this site, the July bar passage has not been posted yet:
http://www.nybarexam.org/exam.htm
And the site at http://www.nybarexam.org/barexam.htm also states this:

RESULTS OF BAR EXAMINATION - The results of the bar examination, in the form of written pass/fail notices, are mailed to all applicants on the same day. A list of all successful applicants is posted on this web site the same day, and on the web site of the New York Law Journal. While the Board does not set a specific date for the release of bar exam results, historically results from the summer examination are release in mid-November, and the results of the winter examination are released in mid-May.

So HOW do you know he passed? Because the results for the bar will not be released until NEXT MONTH. If you know that he passed the exam then HOW did you obtain the information?
In what is his undergrad degree? Where will he be working? Will it be private practice or government? Solo or big firm? Poverty law or corporate? All those factors come in to play. $45k is a very large number depending on what his current income is. And depending on what area of law he will be working. What did he earn before law school?

 

[nymoms]

Thanks for the info about bar exams, I'm not very familiar with it. I know that he has a law degree from Russia, where he was working as an attorney for 6 years. In NY he attended city college and got undergraduate degree in social studies, and then he attended law school for a year (one year program for people who have law degrees from other countries). I know that his concerntration in law school was banking law. I'm sure that he passed bar exam, even though results are not official yet (he is very smart). Also, my sister who works as a paralegal in NJ makes 60,000 a year, who didn't attend law school in US. So, again, do you think that 45,000 a year is fair?

 

[LdiJ]

Thanks for the info about bar exams, I'm not very familiar with it. I know that he has a law degree from Russia, where he was working as an attorney for 6 years. In NY he attended city college and got undergraduate degree in social studies, and then he attended law school for a year (one year program for people who have law degrees from other countries). I know that his concerntration in law school was banking law. I'm sure that he passed bar exam, even though results are not official yet (he is very smart). Also, my sister who works as a paralegal in NJ makes 60,000 a year, who didn't attend law school in US. So, again, do you think that 45,000 a year is fair?

To start out with it is probably fair. You can file for a modification after a year or two.

 

[Ohiogal]

Thanks for the info about bar exams, I'm not very familiar with it. I know that he has a law degree from Russia, where he was working as an attorney for 6 years. In NY he attended city college and got undergraduate degree in social studies, and then he attended law school for a year (one year program for people who have law degrees from other countries). I know that his concerntration in law school was banking law. I'm sure that he passed bar exam, even though results are not official yet (he is very smart). Also, my sister who works as a paralegal in NJ makes 60,000 a year, who didn't attend law school in US. So, again, do you think that 45,000 a year is fair?

Yes because there is no guarantee he passed the NY Bar. It is one of the hardest in the country to pass. Also he is not guaranteed a job in the banking industry. IN addition he may decide he wants to work in the public sector -- you can't guarantee where he will get a job or IF he will pass the New York bar. You really can't. Russian law is vastly different than US Law. 45k is fair. Because it is not just the bar you need to look at but what he has earned and what he can earn CURRENTLY without a law license.

 

[nymoms]

Well, he doesn't think it's fair. He didn't pay what he was ordered to pay, so I filed for violation. I have to go to court on Monday. I just don't know what to expect and what judge will do. I thoght that 45,000 is fair for someone who just starts his career. What do you think the judge will do at the hearing?

 

[Ohiogal]

How long has he not paid? When was this ordered? How much did he earn before law school?

 

[nymoms]

He did not pay for almost 2 months (according to the court order he is supposed to pay every week). He started paying every other week after he received notice to appear in court, but still owes about 3,000. He never worked full time in US, he didn't need to because he has income coming from Russia. While he was in law school he worked only one hour per week.

 

[Ohiogal]

He did not pay for almost 2 months (according to the court order he is supposed to pay every week). He started paying every other week after he received notice to appear in court, but still owes about 3,000. He never worked full time in US, he didn't need to because he has income coming from Russia. While he was in law school he worked only one hour per week.

He is not that far behind then. That is an issue because the court will most likely not do anything major to him at this juncture. Two months is NOT a long time. How much did he earn in Russia? How much income does he have coming from Russia? If he has an actual income coming from Russia they should have used that quite frankly until he gets job. Why didn't you mention his income earlier?

 

[LdiJ]

He is not that far behind then. That is an issue because the court will most likely not do anything major to him at this juncture. Two months is NOT a long time. How much did he earn in Russia? How much income does he have coming from Russia? If he has an actual income coming from Russia they should have used that quite frankly until he gets job. Why didn't you mention his income earlier?

I still think that 45,000 was fair. He could make that much even working as a paralegal in NY.

 

[Ohiogal]

I still think that 45,000 was fair. He could make that much even working as a paralegal in NY.

I think it depends. I would like to know his income from Russia. It depends on how good his English skills are and how well he understands American litigation. So he may not be able to get a paralegal job. Law school teaches you how to think and apply law but it does not necessarily teach you the mechanics. 45k may very well be fair but I still want to know what his actual income is.