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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.

Attorney Answers 3

  1. 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.

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

  3. 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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