Income Imputed Despite Layoff
A few years ago my role was eliminated due to corporate downsizing. At the time I was making approximately $115,000 per year in AdTech while living in NYC. The job market was extremely difficult and after hundreds of applications and exhausting unemployment benefits, I started delivering for Amazon just to keep food on the table and maintain housing.
As a result of losing my job, my mortgage went into default, my car was eventually repossessed, and I ultimately had to sell my apartment. During that period I worked whatever jobs I could find to survive and continue supporting my son.
At some point I came to the realization that returning to my previous career was becoming increasingly unlikely. I researched healthcare careers and learned I could pursue nursing. I became a licensed Patient Care Technician, obtained a hospital job, and enrolled in school. A few months later I was hired to work on an inpatient psychiatric unit earning about $28 per hour while attending school.
While working and attending school, I remained involved in my son’s life and continued contributing financially. Based on advice from my manager, I later transferred from community college and was accepted into NYU’s nursing program to pursue a BSN. I currently work part-time at a hospital and continue contributing to my son’s expenses, including daycare costs.
My son’s mother later filed for child support. I maintain that I was never properly served and only became aware of the case after more than half of my paycheck was being garnished. When I appeared in court, I explained that I had not been served, but that argument was unsuccessful.
Over the following year I provided pay stubs, tax records, unemployment records, and other requested financial documents. Despite this, the court ultimately accepted my son’s mother’s argument that I intentionally left my prior career to avoid child support obligations.
That is not what happened. My position was eliminated, I was unemployed for an extended period, and I changed careers because I needed a realistic path back to stable employment.
My support obligation increased from approximately $199 per week to about $325 per week. I am paid weekly, work part-time, and earn approximately $30 per hour.
There is also a dispute regarding educational expenses. Our co-parenting agreement provides for shared decision-making regarding education. I cannot afford private school tuition. Nevertheless, my son’s mother enrolled him in a private school. I agreed to contribute $2,000 annually toward tuition. My son’s mother earns approximately $200,000 per year, while I am a nursing student working part-time. The court ultimately ordered me to pay 39% of educational expenses and 39% of certain healthcare expenses, despite the fact that I already provided health insurance coverage for my son.
I work alternating two-day and three-day workweeks while attending school. Overtime is available, but it becomes difficult to maintain once classes are in session. With the increased child support obligation and educational expenses, I am genuinely concerned that I may not be able to complete nursing school.
My goal in returning to school was to create a more stable financial future and increase my ability to support my son long-term. Instead, I feel like I am being penalized for changing careers after losing my previous job.
My questions are:
In New York, what options are available when a parent believes income has been improperly imputed in a child support proceeding?
Is there any meaningful avenue to challenge a support order when the court concludes that a career change was voluntary, despite evidence of layoffs, unemployment, and efforts to obtain comparable employment?
Are there New York legal aid organizations, family law clinics, pro bono attorneys, or attorneys who offer payment plans for parents facing child support litigation?
Has anyone successfully navigated a similar situation while representing themselves?
I am primarily looking for legal guidance, procedural options, and referrals to affordable legal resources in New York.