Wednesday, October 9, 2013

How do you prove to the court that a NCP is voluntarily reducing his work hours so that he can reduce his child support?

Q:  My ex doesn't like the child support orders, so he has been reducing his hours at work and not working any OT so they can't take out the full support amount and his income looks lower.

He is doing side jobs for extra money, cashing out his 401k with large withdrawals, and selling stuff all with the intent to bring extra income that he won't disclose to the courts, but bringing a modification request only disclosing his lower income.

A:  David's Answer:  His problem will be that ALL income counts for support purposes, and that includes draws from one's retirement. Moreover, if he wants to be successful with the argument that his overtime was reduced, he'd need to (at the least) provide an affidavit from his employer saying his overtime was reduced thru no fault or request of his own. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (

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