Legal Question in Family Law in New York
Inaccurate reporting of income on seperation agreement
When my ex husband and I signed our separation agrmt we agreed to him paying child support of $140/week based upon his income of $38,000. After the agreement was converted to a divorce I was given his W-2 statement and found that his income was $52,000/year. I make $42,000/year. I then petitioned the court for a modification of an order of support based upon a change of circumstances in that expenses have gone up for my daughter. The intake clerk advised that I should address the issue of inaccurate reporting of income on the separ. agrmnt when we appeared before the support magistrate. When we appeared my ex submitted his last few pay stubs but not his W-2. At that time I explained to the magistrate that my ex�s pay stubs do not reflect his annual salary.He has works overtime throughout the year. The magistrate told me she would only consider my ex�s income and an increase in child support if I can prove a substantial change in circumstances. Our case was adjourned to 10/04. I just received �A Findings of Fact� from the magistrate which states that my ex�s pro rata share of basic child support is $170/wk but that it is unjust considering the financial resources of myself, me ex and our child. What recourse do I have?
2 Answers from Attorneys
Re: Inaccurate reporting of income on seperation agreement
You may appeal or object to the child support determination made within 30 days of the decision.
However, you do not have a good case for reversal or adjustment, especially if (as indicated by the Court) you and your child have greater assets and resources than the NCP; and there has not been a substanial change in circumstance.
Please note, the mandated % formula (per the CSSA) as applied the parent's combined gross income of $80,000.00, would result in a NCP basic child support obligation of $143/mo, as his apx 55% pro rata share of a combined child support obligation of $13,600.00
Also, upon a gross income of $52,000.00, after a 10% reduction for FICA & Medicare, the apx monthly basic child support is $153/mo, not $170/mo.
The best you can hope for now is that the NCP has a close relationship with his child and will voluntarily make contributions to or for the child as needed.
Good luck,
Re: Inaccurate reporting of income on seperation agreement
In my prior answer I mistakenly wrote */mo when I meant to write */wk. Please excuse any confusion or alarm I may have caused you.
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