Legal Question in Family Law in New York

Was misinformed by my Attorney
When I signed my Stipulation Of Settlement my lawyer reversed the alimony and child support figures for my ex's benefit. The larger amount being the actual child support now became the alimony. My lawyer told me it would not affect me. I was not aware at the time that alimony is considered income. I am now claiming $13,000 on my taxes as income when it really should only have been half of that. I would never have agreed to it if I was properly informed that I would have to pay taxes on it. I am now loosing out on the earned income credit because of this and a couple of thousand back in my refund. This is going to go on for the next 14 years. I don't think it's fair that I am technically paying tax on child support. Is there anything I can do about it now?

Asked on 2/03/03, 5:03 am

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

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Re: Was misinformed by my Attorney

Your lawyer should submit an amended Judgment of Divorce.

If necessary, suggest you consult with another attorney.

I practice in NYC and Long Island.

Answered on 2/03/03, 7:03 am

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