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The Pitfalls of Imputing Income

By Carol W. Most and Adam W. Schneid
April 28, 2012

Too often, as attorneys in Family Law matters, we are faced with the questions presented when a couple's income does not match the lifestyle they have maintained, and the realization that cash income plays a role in that lifestyle. For example, we recently heard from a client that her husband “often came home from work with wads of cash.”

The issue to be resolved is the incongruity between the apparent lifestyle and the parties' inclusions of expenses on the Statement of Net Worth. A party may attempt to justify his alleged income by omitting various expenditures from his Statement of Net Worth. Frequently, reported income is inconsistent with the parties' bank records, credit card, utility and other payments, as when credit card payments indicated on credit card receipts do not match up with bank statements. Additionally, cash deposits may not be accountable as salary deposits.

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