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Does it matter if my live in girlfriend/fiancé helps support with the bills while I am unemployed in a child support hearing?

Brooklyn, NY |

I need to get a notarized from whomever is helping me while I am on unemployment for a downward modification of child support petition being hear in family court. I do what I can with my unemployment benefits and my girlfriend helps where she can but I have resorted to borrowing to keep up with my bills. The judge wanted a letter from whomever is helping me out. Is it better coming from my girlfriend vs fiancé or mom or friends?

The question above is not aimed towards monies being given to me but loans given to me to be repaid once I get back on my feet.

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Attorney answers 3

Posted

It should not matter bit it does. Any source of money you regularly rely on is examined and used to calculate your support obligation. I did not write these rules.

Good luck.

Asker

Posted

What if it was a loan from my mother to be repaid once I get back on my feet?

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

You can spin the facts any way you want. The problem is that because the state gets federal matching funds for enforcement of orders of support as well as money to fund the state's welfare apparatus, your spinning of the facts will not be found to be credible. Your facts instead will be confirmed as a dependable source of support and that amount will be imputed as income for calculation purposes. No spinning.

Asker

Posted

Thank you for your response, I just don't see the point of getting a letter if I am getting unemployment and child support from another relationship both of which help me with my expenses. The money borrowed is very little if anything (this was never mentioned in court). I just don't want to involve anyone else. What if I don't bring the letter.

Posted

It probably should not matter who gives you money. However any money you get will be considered as income to you.

Posted

If the funds given to you are considered a loan that must be repaid, the court is probably requiring you to produce a document saying as much. The document should come from whomever is loaning you the money and therefore, it doesn't matter if that person is a girlfriend vs fiance or mom or friends. The money you get from the third parties, should not really matter, since it would not be considered recurring income to you and so should not be used to calculate child support. The bigger issue you have is whether you are making efforts to seek employment commensurate with your historical ability to earn. Further, notarized documents that cannot be cross-examined are considered hearsay, so you may want the person to offer testimony at the hearing. Speak to an attorney for further assistance.

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