The contradictions
What he said, and what the document says
Every item opens to the evidence. Tab numbers match the pre-marked deposition binder.
01 The employer left off a sworn affidavit Affidavit of 31 January 2026 · tabs 2, 3, 4 ▼
He swore
Affidavit of 31 January 2026 names Columbia as his employer — certified true and complete under penalty of perjury.
Record shows
Accepted Moinian 7 January, started 20 January, paid by Moinian 30 January — the day before signing. Moinian appears nowhere on it.
02 $800 a week in childcare — $41,600 a year, no invoice The single largest unsupported line on the affidavit · tab 2 ▼
He swore
$800 every week in childcare costs — $41,600 a year.
Record shows
No provider named. No invoice. No calculation. Nothing at all has been produced for any part of it, and no statement he produced shows an $800 childcare payment in a single week.
Note
Since September 2019 each party bears 100% of their own childcare, so this cannot move the guideline number. It matters because it is what his claimed deficit is built from.
03 Housing overstated by $502 a week $6,377 claimed against $4,200 actually paid · tabs 2, 5 ▼
He swore
$1,471.57 a week for the home — $6,376.80 a month.
Record shows
His own Chase statements show a recurring payment to Webster of $4,200 a month. The gap is $2,176.80 a month — $502.34 a week, $26,122 a year. Nothing has been produced to explain it.
04 The deficit those two lines create — and the accounts that grew anyway 71% of the claimed shortfall is unsupported · tabs 5, 6 ▼
He swore
A shortfall of $1,839.08 every week — $2,751.77 in, $4,590.85 out.
Two lines
Childcare $800.00 plus the housing overstatement $502.34 come to $1,302.34 — 71% of the entire claimed shortfall, and there is not a single document behind either.
And in fact
The period between those two statements is twenty-six weeks. At the shortfall he swore to, $47,816 should have come out of those accounts. They rose $18,094 → $42,236 instead — up $24,142. A gap of about $72,000 between his affidavit and his own bank statements. A man short $1,839 a week does not add $24,000 to his accounts. Expect his counsel to net out $18,028 of tax refunds; the balances still rise on that arithmetic, and the deficit still does not appear.
05 Sworn deductions from a job he had already left Affidavit vs Moinian stub · tab 2 ▼
He swore
$1,514.07 in weekly mandatory deductions, and two exemptions.
Record shows
His stub from the week before he signed shows $1,147.78 and zero exemptions. Every figure he swore to was Columbia-era.
06 “Laura no longer has an income” The stated reason for the motion · 1 October 2025 · tabs 7, 9 ▼
He wrote
“Laura no longer has an income and won’t for the foreseeable future.” He filed to reduce support 62 days later.
Record shows
His 2025 return allocates $128,322 to MODA LLC, marked S for spouse, beside his own wages marked T. And her income did not fall: $147,068 in 2025 against $147,310 and $146,843 — flat within $500 across three years.
07 How many times he has brought Kate to court Four proceedings since the 2016 divorce · tab 14 ▼
Sept 2017
Moved to lower child support. The order cut it from $298 to $225 a week.
March 2018
Appealed — asking the Appellate Court to replace $225 with $103 a week. It affirmed the $225 order.
Aug 2019
Filed again. The relief box reads “child care arrangement,” so it is not counted here as a support-reduction motion.
Dec 2025
Moved to reduce again — the motion now before the court.
The pattern
Four proceedings, three touching what he pays. He has never been ordered to pay more — and the guidelines now put it at $392.
08 “My salary has never increased 15% or above” 11 June 2021 · tabs 15, 16 ▼
He wrote
“My salary has never increased 15% or above.”
Record shows
Wages rose $186,023 → $224,659 in 2019 — +20.77%. Both figures from returns in hand, both years filed with no spouse. The increase had already happened when he wrote the sentence.
09 A second unreported 15% increase 2021 to 2022, same employer · tab 17 ▼
Obligation
Article II ¶4(d) — notice of any change in income of 15% or more, by month end.
Record shows
Columbia wages rose $163,575.60 → $195,035.00 — +19.23%, same employer both years, so no job-change explanation is available. No notice given.
10 “$0” in bonus — then two years of it, ninety minutes later 11 June 2021 · tabs 15, 14 ▼
11:34am
Bonus income for 2019 and 2020: “$0”.
12:53pm
Same day — 2019 “includes two yrs of bonus.” No bonus record produced for any year since 2016. He paid the 2016 share only because a court ordered it after Kate moved for contempt; in the eight years since he has never volunteered a bonus share or a notice of increase.
11 Equal custody, and a return that says otherwise 2025 return, dependants page · tab 9 ▼
His position
The parties divide the overnights equally, every year — the premise of the deviation he seeks.
Record shows
His 2025 return claims Scarlett with the box marked stating she lived with him more than half of 2025.
Result
Both cannot stand. On an equal split neither parent has her more than half the year.
12 A contempt demand his own record does not support Motion for contempt · tabs 21, 22 ▼
He demanded
Exactly $1,153.99 from Kate, by motion for contempt.
Record shows
His own report totals $1,894.53. Half is $947.27, and it records at least $85 in credits from Kate. $1,153.99 appears nowhere in it.
And the clause
Article II ¶5 makes the fifty-fifty split conditional — “if the parties agree to a Child’s participation in the activity.” He has produced no written agreement from Kate for any of these expenses. The March 2018 order covers unreimbursed medical and childcare only — not activity fees, clothing or equipment.
13 The mediation the agreement required Article XI ¶1 · tab 1 ▼
Obligation
Article XI ¶1 — a good-faith attempt at direct communication, then private mediation, before resorting to court.
Record shows
Kate demanded mediation twice in June 2021, naming five mediators including the one who prepared the agreement. He chose none and said take it to court. He filed in December 2025 without asking.
14 The compensation history he produced Discovery response · tab 20 ▼
Requested
His complete Columbia compensation history.
Produced
A file containing the words “Currency Job” and nothing else.
The income record
His own wages, from his own returns
Every figure is Thomas alone. In years he filed jointly the Form 1040 wages line combines his wages with Laura’s, so his Columbia Form W-2 Box 1 is used instead.
| Year | Wages | Change | Basis |
|---|---|---|---|
| 2017 | $164,380 | — | 1040 line 1 · Single |
| 2018 | $186,023 | +13.17% | Related Management Co., sole employer |
| 2019 | $224,659 | +20.77% | Head of Household, no spouse — breach |
| 2020 | $155,024 | −31.00% | Columbia Box 1 · joint return |
| 2021 | $163,575.60 | +5.52% | Columbia Box 1 |
| 2022 | $195,035 | +19.23% | Columbia Box 1, same employer — breach |
| 2023 | $199,288 | +2.18% | Columbia Box 1 |
| 2024 | $205,914 | +3.32% | Columbia Box 1 |
| 2025 | $201,949 | −1.93% | Columbia Box 1 |
| 2026 | $220,000 | +33.8% on 2017 | Moinian base salary |
Two breaches of the 15% notice clause, not one. The 2025 dip he relies on is $3,965 — set against an order calculated when he earned $164,380.
The number
What the revised guidelines produce
The Child Support and Arrearage Guidelines revision takes effect 1 August 2026 — eRegulations PR2025-021, Secretary of the State file 6462. The hearing is seventeen days later, so the revised schedule governs. Its ceiling rose from $4,000 to $6,000 of combined weekly net income, which puts this family on the table rather than above it.
| Scenario | His net/wk | Split | Presumptive | At the 2018 deviation |
|---|---|---|---|---|
| As he swore it | $2,751.77 | 54 / 46 | $372 | $317 |
| As he swore it, deduction for two | $2,229.10 | 49 / 51 | $328 | $279 |
| Actual stub taxes, health insurance deducted | $2,928.66 | 56 / 44 | $392 | $334 |
| Actual stub, deduction for two | $2,383.33 | 51 / 49 | $344 | $293 |
Every scenario exceeds the $225 he pays now. Kate’s figure is taken from her own affidavit and has not yet been recomputed as a guideline net; correcting it moves the presumptive up, not down, so the answer holds in the $390–$405 band either way.