Legal Question in Family Law in New York
arrears ordered
You may remember me as the Mom who is going for custody of her son after 7 years and x is trying to get support after ''deviating'' from the CSSA. Well, the judge didn't see it that way and ordered that I am infact in arrears for 28000.00. I will appeal, but not sure what the chances are. Now, we have to go back to court with my tax returns for the last 7 years and bank statements. He is claiming that I worked under the table. My problem is I use a joint account with my current husband for the most part. We have loaned some $ to family and when they pay it back, it goes in there. How can the courts decipher what is MY money going into that account and can they even look at that joint account as all of my husbands $ is in there too. Also, when we go back to court, its to prove if it was willful or unwillful. What differnce does it make if I owe the $. What exactly can happen here...I haven't slept in a week and just drained...can I be put in jail? I have a 4 year old with my current husband. HELP Thank you in advance
1 Answer from Attorneys
Re: arrears ordered
The court does not distinquish between "your" money and your husband's, especially when it is shown, that your marriage was/is an economic partnership.
In this instance, YOU, not the Court or the Petitioner, must prove that your husband's money is not yours.
Since All assets and property acquired during a marriage, is deemed "marital property" or property that each party, has an "undivided" one half interest in, it will be an admittedly, difficult task to prove that your husband's money was/ is not yours.
The best you may be able to do, is to prove and show, why whatever money, you and your husband had during that period, was not available to pay child support, because of "allowable" deductions, and reductions, from the gross amount, reported or shown. "Allowable" deductions may not be what you think they are; and whatever you claim, must be documented and presented clearly.
The court's interest in whether your failure to pay child support, for a substanial period was "willful," may go to the Court's determination of your character or parental "fitness," which the Court may use in deciding what your rights should be re custody and visitation issues, now and in the future.
Get a Lawyer and an accountant. Don't try proceed further, without both.
Good luck,
Phroska L. McAlister,ESQ
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