In a Decision – J.G.K. v. M.S.,, >> the Court Held:
The Appellate Division affirmed the Trial Court's Decision as amply supported by the record, which contained no evidence that Defendant was earning anywhere near $85,000 per year.
Plaintiff's certification in support of income imputation was largely based on hearsay and his personal views as to what defendant should be earning, although plaintiff freely admitted that she was likely not earning anywhere near that amount. Plaintiff conceded that defendant had undergone serious spinal surgery; however, he contended, based on his experience handling medical malpractice cases, that defendant's recovery time should be shorter than she claimed it was. In her responding certification, defendant emphasized the serious nature of her medical condition, and her inability to work more than ten hours a week at that time, based on her doctor's recommendation.
Plaintiff's assertions as to the amount of imputed income were based on a document setting forth the annual mean income for a full-time loan officer. The document did not state the typical starting salary for the position, or the length of time needed to reach the mean annual income.