Q: we are doing a modification on child support based on overnights starting in addition to the child's father's coop being rented which counts as additional income. BUT he argues that there is no additional based on the lease agreement because after mortgage, coop fees and utilities are paid, there is no profit. I understand the fees and mtg BUT I am arguing the utilities cuz it varies and it's not mandatory. He's obviously just trying to reduce his child support. BUT In addtion, when asked to provide a copy of this lease agreement, he sends 2 different ones by accident. Isn't that fraud?? He argues one is just a different version for the tenant's employer to pay. Thoughts?
A: David's Answer: If the father has a downward modification petition pending, I'd be more interested in what he states is his basis for relief. As for payment of mortgage v. utilities, that's really discretionary with the Court. As for the lease agreement(s), would need to actually review them to provide a definitive opinion. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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