Q: That was in July 2018, ex reports very low income (35K, dentist, and signed for 7,200 shild support), in Nov 2018 he went to court requesting adjustment to 3K, and he adjusted income to 130K, and I agreed. Now he is taking me to court requesting adjustment based on new tax returns claiming 106K….Can the deviating from income still stand? to require him to still pay the 3K (I had a verbal agreement with him at the divorce to not request alimony, and I was tricked into this)….I have an email from him to my lawyer, saying that he keeps reported income law and have the business pay for his expenses to avoid paying too much taxes..and I have emails from him telling me that if I dont reconcile that 3K will not last and that he will change his tax returns…can any of that be used?
A: Assuming he’s the payor and he’s making an application to downwardly modify his support obligation, then the initial burden is on him to prove the change of circumstances. If he does so, the prior deviations wouldn’t really matter because it would be a whole new calculation of child support. Schedule a consult with a Westchester Child Support attorney for a full assessment.