BiggerPockets

My ex is rather spiteful, and I'm really hoping that she doesn't have any legal entitlements to my rental properties. Theres no alimony payments, nothing special about the divorce, she's already taken all of my hard earned belongings... I am only left with child support.

Can she take my hard earned rental income in NYS?

In a roundabout way, yes. Like Bill mentioned, she probably wouldn't be able to actually collect the rent money directly. However, if you owe child support arrears, your funds (i.e. bank accounts, tax refunds, etc) can be seized.

You might want ask your attorney so that you are prepared. Court ordered child support is messy, especially if everyone is not happy with the agreement. Child support is based on income, number of children, and host of other variables. The courts have a data program just for this purpose. Your wife and her attorney (and the DA!) will definitely be expecting you to report all your income, including rental income. You get to include expenses as well. But you can be sure if, at any time, you do not report what your ex believes to be your real income, she will report that to the courts. And then the DA goes after you to verify the income source and raise your child support contribution. This will go on for the duration of the child rearing years. Don't even think about not paying what they determine you owe. You have the legal right to object and show your own expenses and explain hardship, etc. But not paying will get you thrown in jail. This is why you need an attorney when perhaps you thought you could go without one.

All that being said, why wouldn't you pay child support based on the true and max amount of your income? It's your child right?

The courts will record an abstract judgment or whatever it's called in your area. It doesn't have an amount but alerts everyone that you have a court ordered financial obligation. If you go to buy or sell any real estate or refi, the title company will always check with the courts to see if you are current. So, again, don't mess around if you don't want it affect your business or your credit.

While I do appreciate your help on this, I'd rather not get into why I dont feel I need to pay top dollar to an ex that lives with her mom, dad and two sisters and doesn't do anything with her life productive other than drink and live in the ghetto, makes my son wear the same underwear for 3 days straight, avoids bathing, has a house with a floor made out wood and old worn out rug from the 80's etc. I've been paying what I owe and am well versed in the laws on what happens if you dont, but thank you for your concern.

As far as I know, once the court makes the support order its a done deal unless you or her go back to the court seeking an adjustment to the original order. So yes, she could request the court to reassess your income and adjust the support order according to the findings.

If the child is in an unhealthy environment, physically or mentally issues, call your child support services and have them make a determination. OTH, if they are just poor, that's not a reason so much to go back to court. You can always go back to court for physical custody. Probably need to ask your attorney about these issues...

Originally posted by Matt M:
So in other words, theres no way the state can really prove if I'm receiving rental income or not... and neither can child support.

I would assume you are including Rental Income in your Tax Returns ??
(If not your ex may be the least of your 'worrIRS'. )
The court usually insists on you submitting several years of returns if there is a dispute or demand for higher child support payments.
good luck

Originally posted by Matt M:
Well if I dont submit rental income on tax returns, say I'm only renting to 1-2 people in a unit I live in... I think the IRS would be hard-pressed to realize I'm making any additional money worth taxing?

Sure, you can not report the income on your tax return. That's simply tax evasion. No big deal.

As we discussed in your other thread, that actual NET rental income is probably minimal and possible even negative. The IRS WILL see the 1099's from your mortgage company. Perhaps they won't figure out you've been filing incorrect returns. Perhaps they will.

I don't think Matt M's thinking is straight. I would NOT suggest hiding money from your Ex, because then you will be hiding money from the IRS.

They can make your life worse than your ex.

My advise would be to play by the book and not compound your mistakes.

Lol no, she's def not on welfare. she's just a money hungry scumbag with a vengence.