In a recent Staten Island case, Judge Ronald Castorina, Jr. granted custody, support, and an order of protection to the mother/wife in divorce proceedings.  This was a temporary order brought on by motion at the beginning of the case. There were allegations of mental health issues and drug use. 

The court found it was in the child’s best interest to grant legal and residential custody pending a final resolution of the divorce to the Defendant mother.  The court also granted spousal support to the Defendant mother as well. 

What was significant about this case is that the court did determine that housing and utilities being provided at no cost to both parties constituted imputed income to them. What this means is the court gave a value to the free “living arrangements” the parties had, and that has to be factored into the court’s calculation in determining maintenance and child support.  

So if someone is in a divorce or some type of support case, and they are in a living situation where utilities or space are being provided for them by either parents or a paramour;  these benefits may be included as income to them. By way of example if the electricity bill is being paid by their parents and the monthly cost is $300, income of $100 for the electric bill (as there are three people residing there)  

 This is a very sound argument because often in these cases, a spouse moves in with their family, and their family is supporting them by giving them housing and paying all or some of their expenses or common charges of a residence, and the spouse has no living expenses.  This is a fair and rational way of determining what support the person actually has at their disposal. It is not only what is earned but what benefits they also have. 

AZ v. LV, 50095 23 July 21.