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Father’s failure to submit financial records leads court to determine based on standard of living

A mother moved to New York court to gain temporary maintenance and child support based on her low salary which was inadequate to cover basic expenses, as reported by a New York Law Journal in an October 26, 2012 news article.

In response to the mother’s petition, the father argued that his salary could not support such request. The father provided evidence showing that his reported income on his 2010 tax returns was only $4,250. However, the court stated that the father had several chances in court to provide financial statements and provide further evidence showing he had a lower salary. Instead the court found that the father’s financial statements and records were inconsistent throughout the hearing process and that majority of his income went unreported.

Based on this finding the court ruled that the father’s financial responsibility would not be decided based on his filed tax returns. Therefore, the court ruled that maintenance and support was appropriate under the Domestic Relations Law guidelines. The court awarded both spousal and child support based upon the standard of living that the parties enjoyed together prior to the divorce action. The court found that based on the wife and child’s reasonable needs and expenses the combined support amount shall be a total of $46,982 for the year. The father was order to pay this amount in monthly installments over the course of the year.

If you need help in a custody, child support or visitation case or if you are considering divorce, then contact the law office of Jayson Lutzky, P.C. Mr. Lutzky has over 29 years of experience practicing law. To set up a free in person consultation call (800) 660-5299. Additionally, you can visit www.MyNewYorkCityLawyer.com for further information.

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