Justice Janowitz, sitting in the Supreme Court of Nassau County, recently dealt with a case involving a father who voluntarily retired, for the sole purpose of reducing his financial obligations for child support. In this case, the wife sued her husband based on cruel and inhuman treatment for a divorce. A stipulation was entered into dealing with custody, support, maintenance and equitable distribution of property.
Retirement Reduces Father’s Income
The father was a former police officer. He voluntarily retired, which had the impact of reducing his income from $210,000 a year to $60,000 a year. Query: Did I make a mistake in going to law school?
Justice Janowitz’s decision pointed out that the father’s voluntary retirement took place one week after he granted the divorce. Justice Janowitz found that the father’s reasons for retiring were not credible. The father had argued that his retirement was based on maximizing his pension benefits. Judge Janowitz pointed out, in his decision, that this was unsubstantiated by the evidence submitted to the court. The Judge stated in his decision that the reason for the father’s retirement was solely related to reducing his child support obligations. Judge Janowitz imputed to the father his pre-retirement income and awarded the mother $34,680 annually in child support.
If you’re a father with matrimonial and family law problems, the Law Offices of Schlissel DeCorpo can help you. For 34 years, we have aggressively litigated all types of issues on behalf of the fathers we have represented. We have an expertise in dealing with child abuse and child neglect situations. We litigate paternity, child support, child custody, child visitation, spousal maintenance (alimony), and we bring proceedings for the downward modification of child support on behalf of our clients.
We advise our clients with regard to all types of issues in divorce proceedings. We assist our clients in obtaining divorces on the basis of irreconcilable differences under the new New York No Fault Divorce Statute. We litigate equitable distribution of property in divorce proceedings. When the mother relocates, we bring relocation litigation to bring the child back to New York or change custody to the father. Should the mother turn the child against the father, we litigate issues involving parental alienation and parental alienation syndrome. In addition, we assist grandparents with grandparents’ rights cases. Feel free to call us for a free consultation.