Q: My ex and i have 2 young boys and have split up 4 yrs ago.never been married nor ever had a legal agreement. In 2011 i was in a car accident which made me out of work for 6 months. I paid my ex what i could from unemployment and we were civil. I went back to work and was then injured on the job in 2013. I then again paid her what i could from disability and remained civil. We recently have got into disagreement with money and had me summonds for child support. I am still out of work since my injury lead to extensive rehab to which i couldn't work. We went to court, Judge made temp order til i have pay stubs when back to work to show in a few weeks. 1 week before served i got a check for 6000 from 2011 accident. Will this be imputed as income for upcoming court date?
A: David's Answer: The answer is: likely yes. The reason is that you're likely using the money to defray basic living expenses & to that extent, it will likely be considered income to you. If you are not using it for income, then it may only be considered an asset. 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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