Filing out the Disclosure form accurately and completely is the best way to help the judge or referee hearing your case to help you. You need to treat it like it’s important because it is. The income of the parties and the expenses of the child are the primary considerations for the hearing officer to focus on.
You should have done a lot of work with the form before you see a lawyer because this is critical information. I’m going to discuss key areas and provide a link to an agency site that helps you better understand the form.
- First Step – Gather some information.
You will need copies of the following to get this done properly:
- Recent pay stubs – if you have a regular job. If you do not work bring something to show what you are doing to look for a job. If you are a man who is unemployed you better bring proof that you are seeking work actively. NY judges will be more lenient with you if you demonstrate that you are looking for work. Important point to remember: the needs of the child go on every day whether you are working or not and if you are not providing support someone else, like the State or Federal Government may do so. When they do so they require that you demonstrate that you are doing all you can to help your children. This is very important for men or women.
- Recent copies of mortgage payment, rent bills or whatever you pay for where you live.
- If you receive disability payments or other income you must report it also and you should provide a stub.
- You should also disclose if you are receiving any Veteran’s benefits or Retirement income.
You have to bring copies because the courts will keep what you hand it for your file and there is no common copy area in the courthouse. If there is a copy machine it will be 25 cents per page. Do yourself a favor and bring two copies of everything you need with you.
If you are being brought to court for child support you must be able to demonstrate – not just tell – your income so the court can make calculations. In New York State there is a strict calculation done for the first $80,000.00 of your income. It’s important to protect your self by having your information ready for the first appearance. If you are a father or non-custodial mother and you are being asked to pay child support through the court system the court must make a determination at the initial hearing. This number is a temporary number that you must pay and it is very rare for your ongoing obligation to be less than you Temporary Support Obligation. Having proof of income that the Judge or Referee can rely on is critical to protecting your rights.
You can get credit for child support you are paying for other children if it’s done on a court order. If it’s not on a Court Order the Court will not give you credit.
In our next article we will discuss other assets you have to report and how to calculate your support obligation.
Here’s a link to an organization that offer assistance to family in this process. Don’t assume that they won’t help you – call and ask for assistance. there web site is www.liftonline.org
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