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In a previous post, I had described how the findings of an imputed income for myself, which were based on my previous job at Best buy, were unsubstantiated. For my violation proceedings, I had included as an exhibit, the results of a hearing that I had with the New York State Department of Labor, hereafter referred to as the “NYS DOL”. The hearing came about as a result of Best Buy having disputed my claim for unemployment, so I had to make my case that I was fired from no fault of my own.

NYS DOL Findings

The NYS DOL decision, finding that I was fired from no fault of my own, is an exhibit cited in my April 30, 2018 motion to dismiss, itself filed in my child support violation proceeding. This same motion to dismiss was denied on June 6th, 2018.



The findings from the NYS DOL estoppes by deed, the findings of an imputed income from that job. Roughly, estoppel is when you can’t make a case or claim for something, because of some other thing that stops you.

As an example of estoppel, consider that there was a fire in your apartment, and because of the damage caused by the fire, you decide to sue your landlord’s insurance company; that insurance company responds to the lawsuit by claiming that the reason for your lawsuit, is because you failed to mitigate your own risk against fire by purchasing renters insurance. From this counterclaim, you produce in response, proof that you had a valid renters insurance policy at the time of the fire. From this proof of renters insurance, the insurance company is estopped from claiming that the reason for your claim against them, is in some way taken from that fact that you weren’t covered from fire by your own policy; and that you simply want somebody to pay for the damages that you’ve sustained even though you chose to retain your risk of damages caused by fire.

I couldn’t have “reduced resources or income in order to reduce or avoid the parent’s obligation for child support”, because I was fired from the considerations of my employer, that’s what it means when you are found entitled to collect unemployment.

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