Q: I’ve been divorced for 5 years in NY. I pay child support for 2 children. I’m a part-time school teacher earning a modest income. My fincee and I bought a small house with a small down payment. My ex-wife IRS 1040 shows $8,000 in earnings! She lives in a house that her father bought. Her father sends her money for all her payments; she only works part-time as a receptionist in a real estate office. She is demanding that I send her my IRS statement from last year, to get more money from me, of course.
I would like to know if she should be reporting all the gifts her father provides (housing and expenses all paid) and how her income should or should not affect my child support amount. Also, How will a judge in a court of law view this case?
Thank you very much
A: First, you don’t necessary have an obligation to produce your tax return to her unless your divorce settlement or judgment requires it. Next, whether her additional “income” in the form of help from relatives will affect child support would largely be governed by whether either party is attempting to deviate from guidelines. If so, one would need to analyze all the factors which would be in play. Schedule a consult with a Westchester Child Support attorney for a full assessment.