QUESTION
Can I be compelled to turn over my financial information?
Asked on Jan 24th, 2014 on Child Support - New York
More details to this question:
My boyfriend is in court because he is in arrears on child support due to unemployment. The children's mother's lawyer claims that we are married and that he is benefitting from my income. The magistrate said he will "compel" my boyfriend to supply my financial data. The magistrate has said that no matter what the payment amount is, it is not causing my boyfriend financial hardship because I support him. We live together in a house that I own in NJ, The court is in Staten Island, NY.
1 ANSWER
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Some of the value of what you are providing to your boyfriend will be imputed to him as income. It isn't that the court will make you pay his support, rather that he's getting free rent and utilities and that's something the court will be weighing against him. If he can't get your information, he will be faced with some negative inferences against him.
He should talk to a lawyer about defending his case and making a petition for a downward modification. A finding that he willfully failed to pay can result in jail time.
Generally speaking, you can get your own lawyer to try and fight any subpoenas that might be issued to limit how much of your information gets exposed. Good luck.
Answered on Jan 24th, 2014 at 6:21 PM