Legal Question in Family Law in New York

Income matters not the source

The court only inquires if there is income, not its source, and all income is used as a basis for child support orders.

Re: illegal childsupport

You bet, but if the income is proven to be illegal both parents may have additional troubles.

(How will he pay if he is in jail)?

Re: illegal childsupport

Yep. Just like prostitution and other illegal income can be taxed by IRS.

Please note, if you are a custodial parent seeking child support, you might want to stay away from disclosing your belief that the other parent has "illegal income," for obvious reasons.

You should instead focus on the other parent's "standard of living," in order to permit the Court and opportunity to "impute" income to the payee parent, that the parent is not otherwise reporting.

If you are the payee parent, be advised that any and all assets you may have and everything you do, (even smoking cigarettes) can be utilized by the Court in determining what "income" you have available to pay child support.

Good luck,

Phroska L. McAlister,ESQ