Justice Jeffrey Sunshine
The court opined if extraordinary circumstances existed in this post-judgment matrimonial action to warrant discovery before arbitration. Wife moved for disclosure of husband’s tax returns, bank accounts and financial statements arguing that as he was self-employed it was easy to manipulate and hide his true income. The court noted husband’s 2012 federal tax return reflected a negative income. Wife previously sought a stay of arbitration, which was granted to the extent of staying same on the issues of custody and visitation, but denied a stay on all financial issues. The issues before the arbitrator related to an upward modification of child support, among other issues. The court noted when calculating child support, there was a three step statutory analysis under the Domestic Relations Law. It found extraordinary circumstances existed in the instant matter to warrant an order of discovery in an arbitration proceeding when taking into account the statutory scheme of DRL §240(1-b) when combined with the claim of a self-employed husband who provided a tax return showing a negative income. Thus, the court granted wife’s petition seeking limited discovery as to copies of federal, state and city tax returns, and other financial documents.
