In Re Marriage of Sachs

This family law case raises the question of whether a parent who fails to make court-ordered support payments can successfully invoke the Fifth Amendment privilege against self-incrimination in response to questions about personal income at a judgment debtor examination.

We conclude that, in the circumstances of this case, the father cannot rely on his failure to pay support as a justification for his subsequent refusal to provide financial information that could be utilized to collect his arrearages. To hold otherwise would allow him to take advantage of his own wrong.

I

Background

In November 1959, Gail and Jeffrey Sachs were married. They had three children. On April 7, 1977, the marriage was dissolved by way of “Findings and Judgment” entered in the Supreme Court of the State of New York for the County of Westchester.

Jeffrey was ordered to pay Gail spousal support of $1,950 per month and child support of $216.66 per month for each child. Upon the sale of the family residence, the child support payments increased to $541.66 per month for each child. Jeffrey was also responsible for paying the educational expenses of each child up to the age of 25, including…