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THOMPSON v. THOMPSON

Index No. 313421/2011. Appeal No. 11868. Case No. 2019-04052.

186 A.D.3d 1180 (2020)

129 N.Y.S.3d 83

2020 NY Slip Op 05168

Victor G. Thompson, Respondent, v. Claudine T. Thompson, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2020.

The court improvidently exercised its discretion in calculating plaintiff's child support obligation based on his self-reported gross annual income at the time of trial and declining to impute income to him based on his demonstrated earning potential (see K. v B., 13 A.D.3d 12, 20 [1st Dept 2004], appeal dismissed 4 N.Y.3d 776 [2005]; Matter of Culhane v Holt, 28...

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