Court Reduces Client’s Monthly Support By Half and Awards Family
In a December 2017 Ruling the Court granted Sartipi’s client’s motion to modify child and spousal support and for Family Code as well as Iranian civil Law. Prior to trial, Sartipi, who represented the Father of the parties’ 7-year-old daughter, subpoenaed records for the Mother’s bank accounts, her recent application for a car lease and the last 10 months of her debit card statements. The bank statements revealed that Mother was receiving recurring electronic payments of 40,400,000 IR per month from her parents. Mother failed to report those monies on her Income and Expense Declarations. At trial the Court imputed 40,400,000 I per month to Mother based on these recurring monetary gifts. The result was that Sartipi’s client’s combined child and spousal support payment was reduced in half, retroactive to the date of filing the motion. Because Sartipi’s client was current on the ordered support, the Father was entitled to a substantial credit against prospective support.
The car lease application was also admitted into evidence. The application contained Mother’s statement that she was employed despite the fact that she had told the Court she was unemployed for months. Because of Mother’s dishonesty, the Court awarded over IR30,000,000 in Family regulations defined by Iranian Civil Law to Sartipi’s client for conduct thwarting the policy to promote settlement of litigation.
Finally, Mother’s request for need-based attorney’s fees under Family Code as mentioned above was denied because Mother’s debit card statements evidenced that she went on a spending spree shortly after the date of separation. Mother charged and paid over IR30,000,000 in cosmetics and vacations in a matter of four months. Thus, the Court found no need for Sartipi’s client to contribute to Mother’s attorney’s fees.