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Downward Mod--The Financial Affidavit Form!! Need Advice

thinkthrice's picture

Submitted by thinkthrice on Tue, 10/21/2014 - 10:15am

Backstory: I'm not married to Chef. I will NOT get married to him. The BM IS re-married and most likely files a joint tax return.

Here are the burning questions on the Financial Affidavit Form:

"Number of Members in Household"
"Income of other members of household"

Comments

thinkthrice's picture

Submitted by thinkthrice on Tue, 10/21/2014 - 10:22am

He's turned out to be standard grist mill fodder. No change of venue because if it's not granted and the home county attorney refuses to recuse himself, then you've shot yourself in the foot.

I'm pretty sure he'll say to list me in the household despite the fact we are not married nor do we file joint returns.

thinkthrice's picture

Submitted by thinkthrice on Tue, 10/21/2014 - 10:30am

I see the form was updated 10/2012. I have a feeling this was never included before then. Chef filled out the form before and I don't recall being asked for my financial information nor was included in his "household."

thinkthrice's picture

Submitted by thinkthrice on Tue, 10/21/2014 - 10:34am

That's just it. I'm support Chef financially. There never seemed to be any self support reserve unless it was set WAAAAAY artificially low. If Chef were to apply to ANY apartment in the area, he'd be turned down flat.

The attorney also said that because of laches and that Chef set a precedent to get taken for a ride on his taxes when they divorced, then he's basically stuck with it. He'd have to go to court and start a separate litigation process to get that overturned, which Chef does NOT want to do nor can he afford it.

thinkthrice's picture

Submitted by thinkthrice on Tue, 10/21/2014 - 10:40am

HA! He doesn't think so. He thinks that just his presence alone is more than any compensation that I pay out.

Sports Fan's picture

Submitted by Sports Fan on Tue, 10/21/2014 - 10:37am

I am also in NY. They do not count stepparents income in determining child support. They only consider the CP and NCP. I would not provide the information. If it comes up, I would say that I didn't think it applied since it doesn't count toward CS.

thinkthrice's picture

Submitted by thinkthrice on Tue, 10/21/2014 - 10:38am

UGH Just read under NYS Guidelines:

"Sometimes the court may IMPUTE income that other household members bring in to the non-custodial parent (note: NO mention of imputing income to the CUSTODIAL parent)"

"When someone's income is imputed to you, it increases your total income in the eyes of the court. It may increase the amount of child support you are ordered to pay."

Sports Fan's picture

Submitted by Sports Fan on Tue, 10/21/2014 - 10:41am

I don't think this is meant for your situation. I would think this is for when people are putting income in other people's name to hide it.

They do inpute income for Custodial parents but it is an upward battle. Our lawyer is getting income imputed for our BM because she has a college degree but refuses to work.

thinkthrice's picture

Submitted by thinkthrice on Tue, 10/21/2014 - 11:09am

He *was* going to leave but he wanted ME to buy HIM a brand new mobile home to live in. Funny he didn't ask for a HOUSE like the one we live in NOW--hmmm could it be you can take a redneck out of the white trash nation but you can't take the white trash nation out of the redneck?

B22S22's picture

Submitted by B22S22 on Tue, 10/21/2014 - 11:18am

I agree with the others-- don't give your financial information.

You aren't married, nor do you share any legal property/assets (do you??) so as far as they are concerned, you *could* be platonic roommates.