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I’m having a problem trying to get child support because my…

Customer Question
I’m having a problem...

I’m having a problem trying to get child support because my ex-boyfriend has a job off the books and I can’t prove his income.,,

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Have you talked to a lawyer yet?

No can’t afford one

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have my home and I afraid that he trying to take my home because he’s abusive

Submitted: 4 months ago.Category: Family Law
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Answered in 19 hours by:
3/8/2018
Family Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Family Law
Satisfied Customers: 1,166
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for approximately 20 years. Off the books income always creates a sticky situation in cases of child support. One option that may be available to you is essentially proving income by showing his expenses (can you get a rent or mortgage estimate on where he lives? estimated power bill? value/car payment on car he drives? etc.). The key is to use information you do have or can get without his cooperation to show that if he is paying all these expenses he at least as income of X amount. I understand you cannot afford an attorney but it may be wise to see if there is one in your area that works at a lower rate for lower income clients, a legal aid program for those in need of legal services, or an attorney who may do a free consultation to discuss the best methods for proving income. Often private investigators are hired to assist with such matters, but that would also include a cost. I am not sure what your expenses are but New York also permits attributing an amount to someone based on their actual earning capacity. In essence what this means is that if someone comes to court and claims to be unemployed or to be employed but only make a smaller amount of money than would be expected for the person's age and skills, the court can attribute an amount of income to that individual and calculate child support based on that number rather than on the number the party claims is his income. I am also concerned with the abuse issue. In addition, obviously, of needing funds to help raise your child and to ensure you can stay in your home to do so, if your ex-boyfriend is abusive you may want to consider filing for a restraining order to ensure you have a method to keep him at a distance from you physically and you will want to consider whether his abuse is a risk to your child.

This is a very unfortunate situation and I hope you are able to resolve it for the benefit of both your child and you.

If you need further help, please reply to this email. If I answered your question, I would greatly appreciate your 5 star rating at this time.

​Please note: This is for ​informational and educational purposes only and is not legal advice. No course of action has been proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Family Lawyer: Attorney Wendy, Lawyer replied 4 months ago

Happy Friday! I just wanted to check in to make sure I answered your question and to see if you need any further assistance with this issue.

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