Legal Question in Family Law in New York

I am seeking an upward modification of support but my child's father claims to be unemployed and has been for awhile. He has a college education and a great earning potential and I feel for the past couple of years he's been working off the books to avoid paying more. He currently pays $56 a month which is nowhere near enough for a 6yr old. Can the order be readjusted even if he claims he has no income?


Asked on 3/10/12, 9:52 am

1 Answer from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

Whatever he makes off the books is still counted as income. Once you file your petition, he will be forced to disclose his true income. If he lies to the court, he is risking serious penalties. However, it would be up to you to prove his true income. Just having a "feeling" is not good enough for the court. Perhaps you can reach out to him and let him know that you will be tipping off the IRS as to his tax evasion? Maybe that will force him to come clean. In any event, you have nothing to lose by filing your petition. You can try to convince the judge that the father is intentionally "underemployed" given his experience and education. New York Divorce Lawyer

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Answered on 3/11/12, 9:27 am


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