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NY Child Support, Questions

 
 
NYMom10
 
Reply Tue 14 Jun, 2016 06:32 pm
My ex was making much less when the original order was put in place 5 years ago. He is now self employed. He makes $30+ an hour and works well over 40 hours per week. The problem is he gets paid in cash often and has filed minimal amounts on his taxes. He claims he stays home to watch his other child so he only works part time. He still pays full daycare for her though. He keeps her home by choice. He says his gf pays all the bills. It's a crock. He says he talked to a lawyer and he will get a huge decrease because his taxes say he makes much less. What do I need to do to prove he makes more? He will say he makes $30+ an hour but only works p/t. Will the judge go off of him working 40 hours? How likely is it he will get a decrease in NY state?

He wrote us a bill for work and his hourly rate is $30 an hour. Several people he has done work for also have bills stating he charges $30 an hour. I've recorded him saying he makes $30 an hour and how most weeks he works sun up to sun down.Just recently he said he only works part time. Not sure if the recordings and such will be proof enough. Maybe getting his bank records will help.

He is also the executor of his mother's estate. She died several years ago and he manages several apartment buildings in her name. He says no money is drawn off the account for the apartments so it wont count as income. Is this true? He's cheating the system and our child. It's disgusting.
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Type: Question • Score: 0 • Views: 860 • Replies: 5

 
maxdancona
 
  2  
Reply Tue 14 Jun, 2016 07:18 pm
@NYMom10,
You should talk to a lawyer. There is no one here who will be able to give you a valid legal answer to this legal question on a random internet forum.

Only a lawyer can give you an answer to your questions.
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Linkat
 
  2  
Reply Tue 14 Jun, 2016 08:35 pm
@NYMom10,
Be careful if you recorded him speaking without the recording noting he knows you are recording him or you could be in trouble

I agree it would be best to talk with a lawyer. The thing is if he ends up getting caught he is going to be in much more trouble than simply child support...the IRS does not take kindly to those that lie and deceive on their tax returnd. Although I don't condone threatening or black mail ... you could report him to the IRS and they may investigate .

Personally I think it is best to talk to a lawyer if you want the support your child deserved.

If it makes you feel at least a little better I agree the guy is a dirt bag if it wants to deceive in order to not provide for his child.

Curious does he have any contact with his child? You could maybe convince him of the financial side if he cares emotionally of the child.
Linkat
 
  2  
Reply Tue 14 Jun, 2016 08:42 pm
@NYMom10,
Also as far as executor of an estate..he may be right on this. I only know because my husband was executor of his grandparents estate. Basically all that is to ensure the estate is handled as the will dictates. One may be paid for time or expense, so he could be drawing some income from this depending how everything is written but legally he is obligated to abide by what the will is directed. But you most likely should have a lawyer to make sure he isn't stretching the truth.
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maxdancona
 
  1  
Reply Wed 15 Jun, 2016 04:48 am
@Linkat,
Just to reiterate this.

Recording someone without their permission is most likely not useful in court. You won't be able to even play this recording for the judge (the judge won't even listen to it). Again talk to the lawyer ... but wiretapping is not legal.

And yes, you might get into trouble if you recorded him without his permission.

You can't go making secret tape recordings of people without their permission (unless you are a police officer with a warrant).


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jespah
 
  3  
Reply Wed 15 Jun, 2016 08:03 am
@NYMom10,
You need a lawyer. Please stop speculating and retain one.
0 Replies
 
 

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