Legal Question in Family Law in New York

what is considered 'income' for calculating C/S.

There is a temporary CS order until next hearing. In the meantime, I subpoened my X bank and have a prove that he deposited 60K in the last year, 50K my X disclosed as an income and proved with his paystubs. Where additional 10K came from I don't know, I only have prove that such deposits took place. X will deny additional income. What will be the judges normal reaction on that? Will a judge take this '10K inflow' into consideraion as 'income'? Do they usually look in court on only 'IRS' income? Are'gifts' from parents considered to be income? Whose responsibility to prove where this 10K came from?


Asked on 12/17/02, 3:37 pm

1 Answer from Attorneys
Charu Narang

Re: what is considered 'income' for calculating C/S.

Everything that is reportable to the federal govt as income is considered income for child support purposes. Best bet is to get tax returns, not rely on pay stubs.

Feel free to get in touch with me if you'd like to discuss this further.

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Answered on 12/17/02, 4:09 pm


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