Quatela Chimeri, PLLC

New York father lied about his income during divorce

Child support is common among divorced parents. Even when New York parents share roughly equal custody, one person -- typically the higher earner -- usually pays child support. The amount of support owed is based off the payer's income, which is usually reviewed and set at the time of divorce. However, if one parent suspects that the other is concealing income to minimize payments, he or she can petition the court for a modification. However, it is sometimes criminal proceedings that reveal a discrepancy in payments.

A 40-year-old police officer is currently facing criminal charges for misrepresenting his salary during his divorce. Back in 2013, the man provided false payroll documentation during Family Court proceedings. The paperwork indicated he earned $76,000 annually, while his real income was closer to $98,000. Although at the time he was questioned about changing income levels, he reported that he was no longer working night shifts, and earned less during the day. This was apparently untrue.

At the time of his divorce the man's child was 17. Since in New York parents can expect to pay child support until their children reach age 21, he had approximately four years of payments ahead of him. Over the four years during which his ex was owed support for their child, the man paid $15,332 less than what he owed based off of his actual salary.

Providing financial support to a child after divorce is an essential part of being a parent. Unfortunately, not all parents take this responsibility as seriously as they should. For those who suspect that their ex may not be paying the appropriate amount based off their income, it is possible to petition a family law judge to review the case, their income and whether any related support payments need to be adjusted. In some instances, judges may also order that parents make back payments.

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