In Ungvarsky v. Ungvarsky, the New Jersey Appellate Division this week sent a case back to the trial court to determine whether or not the payor-father’s unemployment was voluntary, a necessary step before determining whether to impute income to him for child support purposes. The mother had petitioned to have income imputed to him, and her petition was denied by the trial court without fact finding. The Appellate Division remanded for a plenary hearing. In these days of high unemployment and under-employment fact-finding is especially important to be sure that the income levels imputed to parents are as fair as possible to both parties and the children.
C. Megan Oltman, Esq.
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