Legal Question in Family Law in New York

Confused about child support judgement

In 2001 family court awarded a child support payment to me(the custodial parent)of 3 at the time ,50% of what my ex claimed he made with proof of his income tax return. Since my ex was totally self employed, it was extremely hard to prove his actual income.

This year our oldest turned 21 and is attending college.He was removed from the chid support order. I petitioned for a cost of living increase for the other 2 children still living at home with me. My ex is still self employed and also holds a 30 hour a week job on the books. Now he claims he makes 3 times more then he did in 2001 and it is still hard to prove that he is not being truthful about his earnings of which most of it is cash.The same judge as in 2001 ordered that he pay the legal required amount based on what my ex says he makes per year.After catching him in several lies during the fact finding trial,the judge still only granted 25% of his income based on his tax return from last year.

I had a lawyer and he didn't...I proved he was lying ...I don't get any assistance from any other source...there is no spousal support.I struggle to survive.

I am confused about the judges way of thinking.

Appeal?


Asked on 2/04/05, 2:12 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Confused about child support judgement

Child support percentages can only be based upon "the Child Support Income" that is proved.

If you were unable to prove, by a preponderance of the evidence, that your EX's income was more than reported, then the Judge's decision was reasonable.

There are a variety ways to prove a higher income than reported. The Court could also have decided that "add on" support was warranted. Which, you also apparently did not prove. (An "add on" may be for camp, music programs, after school, private school tuition, etc.)

Good luck,

Phroska L. McAlister,ESq

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Answered on 2/05/05, 12:19 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Confused about child support judgement

It is unfair, but you have to find the money. the judge only knows what is in front of her. You must show the judge where and how much the money is.

If you can do that, then your ex is in real trouble.

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Answered on 2/08/05, 2:02 pm


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