Q: I am the father of a toddler. The mother and I are unmarried. She has temporary custody and the custody matter is in Westchester Family Court. We are also in Support Court. I have been pro se until learning facts below and seek counsel with relevant experience for the support matter.
She has/had a stock portfolio on which she made six-figure income that would have given her materially more income than I have (twice as much). She claims to have transferred the stock portfolio and cash to an irrevocable trust of which our baby is the beneficiary and of which she is a trustee. She provided no documentation. The transfer was effected 3 weeks before the first support hearing. I have reason to suspect she is being untruthful.
1. Can the trust documents be obtained?
2. She has a 7-figure deferred income account. Is there a way to have the income from that plan imputed for child support calculations?
3. She inflated her expenses materially for child support calculations and lied about certain items for which I have documentation.
I seek counsel with experience in hidden assets, fraudulent transfers in child support matters.
A: David’s Answer: The answers to your questions are: (1) Yes, you’d need to make a demand fir discovery & inspection, (2) Any income she’s deferred within the last year will count on that year’s income. (3) Your demand for discovery can also demand corroboration of those expenses. Call a White Plains Child Support attorney to schedule a consult for a full assessment.