As a matrimonial and family law attorney on Long Island, New York, I am often asked is “off the books” money included when calculating child support. The answer is most likely yes. There are many ways that your “off the books” money can be discovered or at least estimated.
Any income you earn, whether it is off the books or not, is included in the child support calculations.
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Hi my name is David Badanes and I am a matrimonial and family law attorney.
If you are paying child support and are now making less money, you may be able to get your child support obligation reduced.
In order to get a reduction in your child support obligation, you need to show that the reduction in your income is through no fault of your own. You will also need to show that you are trying to earn the same amount of money that you once did.
In order to get a reduction, it is important that you have the right documentation and evidence. Simply making less money is not enough to get a reduction.
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David P. Badanes, Esq.
There is a significant difference between alimony (spousal maintenance) payments and child support payments. The amount of child support is typically determined by a formula and is based on your income. For most parents, the amount of child support that you have to pay is not significantly altered by the amount of income that your ex-spouse earns.
In contrast, the amount of alimony you may have to pay is not determined by a formula. Furthermore, the amount of alimony you pay will absolutely depend on how much income your ex-spouse earns (or could earn).
In New York, child support typically ends when the youngest child turns 21 years of age. In theory, you could pay alimony until your ex-spouse dies, although, the length of time you have to pay alimony is based on many factors.
Child support payments, whether paid or received, is not considered income. Accordingly, there are no tax consequences to the payment or the receipt of child support payments.
Alimony payments are considered income and must be declared on your income taxes. If you make alimony payments, you can deduct the amount you pay from your income.
If you are getting divorced and need more information about child support and alimony (spousal maintenance) and what your legal rights are, call David Badanes and the Badanes Law Office. We have helped numerous individuals with their divorce. Call 631-239-1702, or contact us today. The Badanes Law Office has two offices in Long Island: Northport and Garden City.
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