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Ex Hiding Income? Get Spousal Support You Deserve in NY

by | Jan 30, 2024 | Divorce Long Island, NY

When you file for a divorce on Long Island, New York, the court may award spousal support to you. Typically, the spousal support comes from your spouse’s paycheck. The money paid is dependent on the salary earned, the hours earned, or the rules set by the court.

One way that some unscrupulous individuals try to sidestep how much they are paying in spousal support is to get paid under the table or “off the books”. Though illegal, this method of being paid for work performed enables the spouse to not pay takes on that money and reduce or eliminate spousal or even child support payments through the court. In these situations, the court may not see how much income they are earning. Thus, what is paid to you is eliminated or reduced. This is a violation of spousal support requirements in New York Court.

If you know or suspect your ex is getting paid under the table to avoid spousal or child support, what can you do to prove your right to compensation? Should you take action?

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Your Ex May Be Held in Contempt of Court

An important differentiating factor here is that not paying supposal support (no matter the reason) is a court violation. They can be held in contempt of court as a result. For that to occur, you need to file a motion in court stating they are not paying what they are required to pay under the judgment of the court.

The court will then hold a hearing. During that hearing, you have the right to present any information about what you know is occurring. The spouse is also able to present why they are not making payments.

Do You Have Evidence That Your Ex Is Working Off the Books?

Before the hearing arrives, it’s critical to gather any and all information you have to use to prove that the ex not claiming all of their income. If you don’t know this for certain and cannot prove it, you cannot win your case.

An experienced divorce attorney on Long Island, NY can offer specific strategies for obtaining the necessary evidence. In some situations, working with a private investigator may offer some insight. However, that could also be viewed as abuse of the other party. You may wish to gather statements from people who may know this information from first-hand experience. That’s difficult, too, because not many people will step forward and put their name on the line.

Your Long Island, NY Divorce Attorney Can Offer Viable Solutions

One strategy your divorce attorney on Long Island, NY will likely recommend is filing a motion for discovery. This is a legal action your attorney can request the court to allow to require the ex and their attorney to provide the requested financial information. You could use that information to prove that your ex is making money he or she is not reporting.

For example, bank statements and electronic payment accounts like Venmo or PayPal may indicate that someone is paying your ex they are not claiming. They may be making deposits into their checking or savings accounts that are not documented through a paycheck. In a digital-focused world, it’s quite common for a person to need to deposit cash into their bank account to make payments instead of using cash in person. That type of evidence can be a powerful tool to prove they have a source of income they are not reporting.

Your attorney may also call particular witnesses to the stand during a hearing. This would force a person to make a statement in court if they have specific knowledge of the ex being paid or working. People are less likely to lie in court when there are consequences for doing so. This can be challenging, which is why having a skilled Long Island, NY divorce attorney on your side to help is critical.

Could Your Ex’s Property Be Seized?

Nonpayment of spousal support could result in a judge requiring the sale of assets to pay past-due funds. Done through a Writ of Execution, your attorney can prompt a judge to take this action if they are not making spousal support payments as required under the law.

With So Much on the Line, Hire an Experienced Long Island, NY Divorce Attorney to Protect You

Before you take action, consult with an experienced New York divorce attorney. Contact our offices at Hornberger Verbitsky, P.C. now to obtain the legal support you need to force your ex to pay you what they owe.

Contact our divorce attorney in Long Island, NY, now by calling 631-923-1910 to schedule a consultation. You can also fill out a form online, and we’ll contact you. Don’t wait any longer to get the help you need.

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
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Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.

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