The respondent mother brought a motion seeking retroactive child support, imputation of income, section 7 expenses, and financial disclosure relating to investment income.
The court considered whether income should be imputed to the father under s. 19 of the Federal Child Support Guidelines where he had been unemployed for several years and relied partly on investment income and alleged parental gifts.
Applying the framework in Drygala v. Pauli, the court found insufficient evidence on the motion record to determine intentional underemployment or to impute significant additional income beyond acknowledged investment income.
An interim income of $29,000 was imputed pending trial, resulting in guideline child support of $423 per month for two children retroactive to November 1, 2012.
The court also ordered disclosure of investment records, repayment of withheld investment interest to the mother, contribution to section 7 expenses, and preservation of family property.
