SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS

---------------------------------------X Bethsheva Director,,

INDEX# 101/07

Plaintiff,

CROSS
- against Chaim Director, Defendant. ---------------------------------------X STATE OF NEW YORK ) )ss: COUNTY OF KING )

AFFIDAVIT IN OPPOSITION AND IN SUPPORT OF

Chaim Director, being duly sworn, deposes and says: 1. and as I am the Defendant in the above captioned proceeding, such, I am fully familiar with the facts and

circumstances of this matter.

This Affidavit is submitted in

opposition to the relief requested in the Plaintiff=s motion and in support of my Cross Motion. 2. Plaintiff and I were married on March 4, 1999. There

is one child born of the marriage, to wit: Aaron Director, born on November 8, 2000. 3. Our marriage can only be characterized as Arocky@. The

Plaintiff went to marriage counseling and it failed.

Thereafter

we went to Rabbinical Court and obtained a religious divorce. An agreement was made between Plaintiff and myself on December 31, 2006. The document that was drafted in Hebrew and it D. was my

understanding

Plaintiff=s

attorney,

Shmuel

Taub,

translated the agreement and incorporated it into the divorce papers. However, the attorney drafted into the agreement the legal language concerning the child support and failed to inform me that the amount of child support was different than what was required by law.

CHILD SUPPORT NOT THE PRESUMPTIVE AMOUNT

4. I was never asked about my income or any documents

concerning my income by the Plaintiff=s attorney, Shmuel D.Taub. When I questioned Plaintiff concerning the amount of child

support and all the extras, she told me that it was the law and I was obligated to pay the amount in the papers. Plaintiff told me that her attorney, Shmuel D.Taub, figured out the child

support according to the law and that is what the papers stated. In fact, I was self employed in 2006. I opened an office that year to sell real estate. 2006 tax return. was $42,500.00. Annexed hereto as Exhibit A is my

My gross income from business sales that year After deducting some reasonable expenses of the

business, specifically advertising, rent, and office expenses,

and Self employment tax (FICA), my child support income totals $22,550. (Please note that I have excluded certain other

reasonable expenses such as supplies, travel expenses and auto lease from my calculations) Based on my actual income as

calculated, the child support payment should have been $70 per week, and NOT $200 per week as I was told to pay. 5. I was never informed that the amount of child support

recited in the AStipulation Agreement@ was far beyond what my legal responsibility required, or indeed, what I was

realistically capable of paying. If I would have been informed of the true amount of child support I would not have agreed to pay $200 per week plus numerous extras. I did not intend to opt out of paying the presumptive amount of child support. I now support my new wife and three children.

PHYSICAL CUSTODY MUST BE CHANGED FOR THE BEST INTERESTS OF AARON

6. Plaintiff often returns home from her job at late

hours causing Aaron to be forced to stand alone in the lobby, unable to enter the apartment for an hour. My friends from her building have contacted me frequently concerning this problem. 7. When Aaron is with his tutor and Plaintiff is

responsible to pick him up, she fails to do so more often than not. The tutor, who is expensive, then has to sit with Aaron 3

waiting,

not

tutoring

and

charges

me

for

the

time

wasted. She

Plaintiff is aware of this situation and does not care. just uses the tutor as her baby sitter.

In fact, Aaron is

hardly in the company of Plaintiff during a normal work week. I currently spend more time and quality time during the week with Aaron than the Plaintiff does. 8. The agreement I have with the Plaintiff is clear as to

the level of religious observance required by the both of us for the best interests of Aaron. In fact, custody was conditioned on the Husband and Wife acting on the same religious level and manner they were accustomed to during their marriage. The

Plaintiff has failed to continue to abide by the conservative religious requirements at the time of the marriage and stopped bring Aaron to shul. As a result, I have been taking him

myself. Plaintiff=s actions tend to confuse Aaron.

In addition,

when Aaron was only 10 years old, Plaintiff sent him alone to my home by public transportation (city bus). irresponsible and inconsiderate parenting. 9. Since my divorce from Plaintiff I have remarried and This demonstrates

now reside with my stay-at-home wife and three children(one from my wife=s previous marriage). Aaron has his own sleeping

quarters when he stays over. Aaron loves to have dinner with the family on a large table with his other siblings and enjoy a home 4

cooked meal. 10. There is absolutely no reason to prevent Aaron from

having a more fulfilling life and childhood with a real, loving and religious observant family, rather than a lonely existence with his selfish mother who never seems to have time for him and keeps him waiting for her for hours every week.

FURTHER EVIDENCE OF PLAINTIFF=S BAD PARENTING

11.

Currently my visitation with Aaron is very extensive I am concerned that

and he is doing very well all around.

Plaintiff will try to restrict my parenting time with Aaron in retaliation for my opposition to her motion. I enjoy taking

Aaron to shul every week and I desire to keep the status quo concerning my present liberal visitation. I am requesting that I be awarded temporary custody of Aaron. WHEREFORE, I pray that the relief requested in the

Plaintiff=s motion

be denied in its= entirety, and that the

relief Defendant requests be granted in full and for such other and further relief as this Court may deem just, proper and

equitable including attorney fees. Dated: Brooklyn, NY November 29, 2010 5

________________________ ___ Chaim Director

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS

---------------------------------------X Bethsheva Director,, INDEX# 101/07

Plaintiff,

- against Chaim Director,

VERIFICATION

Defendant. ---------------------------------------X STATE OF NEW YORK ) )ss: COUNTY OF KING )

I, Chaim Director, am the Defendant in the within action. I have read the AFFIRMATION and AFFIDAVIT and know the contents thereof. The contents of the AFFIRMATION, AFFIDAVIT, AND ALL EXHIBITS are true to my own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. _______________________________

Chaim Director

Subscribed and sworn to before me on November 26, 2010 _________________________________ Notary Public CLIENT CERTIFICATION I, Chaim Director , do hereby certify, under penalty of perjury, that I have carefully read and reviewed the annexed Affidavit, and that all information

contained in the document is true and accurate in all respects to the best of my knowledge and understanding. I FURTHER CERTIFIY, under penalty of perjury, that neither my attorney, nor anyone acting on my attorney=s behalf, was the source of any of the information contained in the annexed document, that I provided all of the information contained in the annexed document to my attorney; and that I understand that my attorney, in executing the Attorney Certification required 22 NYCRR 202.16(e) is relying entirely upon the information provided by me and upon by certification that all such information is true and accurate. I FURTHER CERTIFY, that the annexed document includes all information which I provided to my attorney which is relevant to such document and that my attorney has not deleted, omitted or excluded such information. Dated: November 29, 2010

Chaim Director