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IN THE MATTER OF MAHARAJ-ELLIS v. LAROCHE

54 A.D.3d 677 (2008)

863 N.Y.S.2d 258

In the Matter of RASHEID MARIA MAHARAJ-ELLIS, Respondent, v. DANIEL LAROCHE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 2, 2008.

Ordered that the order is affirmed, with costs.

Family Court Act § 413 (1) (b) (5) (i) defines "income" as gross income reported in the most recent federal tax return, but gives the Family Court discretion to impute other sources of income to the parent. A parent's child support obligation is determined by his or her ability to support the child, and not necessarily by the parent's current economic situation (see Matter of Collins v Collins,

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