Matter of F.C. v. F.K. (Family Ct., 7/5/18)
In Family Court, Mr. Corletta won a rare reversal of a Support Magistrate’s decision awarding minimal spousal support to his low income client in Matter of F.C. v. F.K. (Family Ct., 7/5/18).
In that case, Mr. Corletta’s client, married to Respondent for 25 years, was awarded minimal spousal support, notwithstanding Respondent’s termination from their employment, admitted use of marijuana, and extensive job history. Mr. Corletta had argued that income be “imputed” to Respondent, because of Respondent's work history and misconduct, which was supported by Respondent's employment records, which were subpoenaed by Mr. Corletta.
The Court agreed with Mr. Corletta that the Support Magistrate's determination not to impute income to Respondent, thereby decreasing the amount of support Respondent was required to pay, was an abuse of discretion and unsupported by the record, and remanded the case for a new hearing, which will give Mr. Corletta’s client another chance to obtain much needed support.