Child support determination - no change

Barry Cahn Boykin

Case Conclusion Date:January 28, 2011

Practice Area:Child Support

Outcome:No increase or decrease in child support

Description:In my one recent case where the court had to make a final determination of child support, I represented the Obligor, who was the father. After the end of the first relationship, he married some years later, but was consistent in his regular payments of child support to the mother of his first child. When I accepted the case, there was a new proceeding where the mother was seeking an increase of child support. My client was self-employed. His business income fluctuated as evidenced by tax returns. With the downturn in the economy, my client's business lost major customers without replacement, and he was paying bills by use of his wife’s separate estate in part. My client resisted attempts of the adverse party who sought financial information of his new wife, and successfully prevented it from being disclosed, for the most part, during discovery and the course of the proceedings. At the final hearing, I presented the facts that the child's mother also lived beyond her means by way of benefits from her live-in boyfriend. None of the boyfriend's income or assets had been disclosed prior to the hearing. I successfully argued parallels between the father’s receipt of loans and gifts and the mother’s receipt of loans and gifts. When the judge rendered her decision, she complimented both attorneys on the presentation of the case, and decided, among other things, that there was insufficient information for a "needs based" support order which was argued by the mother's attorney. The temporary support order entered the year before was made the permanent child support order.