Legal Question in Family Law in New York

Re: Child support and rental income

Probably.

But, whether he should seek child suppport modification is an open question.

Is the "unreported" income substanial? Or is the mother merely "breaking even?"

Does the father paying child child suppport, do other things for and with his children, in addition to paying his "required" support? Is the child support being paid a fairly large sum.

Is the father sufferring some kind of temporary financial hardship that might be relieved if his child support were reduced.

These and other questions should be answered before making the decision to Petition for modification.

Please note, a Father's desire to remarry and to support others is not considered as "hardship" grounds. And, the costs of pursuing these any expected gain.

Good luck,

Re: Child support and rental income

I would add to my colleague's response:

1. The probability of a successful petition for modification is much higher if the petition is at least one year subsequent to the last order.

2. The form of the child support order can have significance. if it is written up as a 'stipulation' agreed upon by the parties, then he may be able to defend on the basis that he provides other valuable assistance. On the other hand, if it is a straight finding by the court, you will 100% win because of his 'fraud'.

You are welcome to a consultation for no fee.