FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA

In the Matter of a Proceeding under Article 4

of the Family Court Act.

AFFIDAVIT IN SUPPORT OF
PETITION FOR MODIFICATION OF SUPPORT

Index No. V-530-95

JOHN MURTARI,

Petitioner,

- against -

ADRIANNE PHILLIPSON,

Respondent.

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State of New York )
County of Onondaga ) ss:

JOHN MURTARI, being duly sworn, deposes and states:

1. I am the petitioner in this action, and I make this statement in support of my petition in the above entitled proceeding and as such I am fully familiar with the facts and circumstances herein.

2. Since the divorce I have been making support payments of $60/week. I have not been able to pay at the level of $120/week as ordered, and I hope this affidavit will clarify there was no intentional effort by me to reduce income so as to avoid support.

3. Most of my professional working career has been spent with defense contractors in this area associated with General Electric/Martin Marietta.

4. In 1992, I quit my job with General Electric, took a cut in pay, to work in a new startup business. One of my motivations to leave GE was my perception of a “ceiling” to my advancement within management.

5. After leaving GE, pay and advancement at the new company were not as expected. Domenic had been born and I wanted to increase my income and responsibility. I returned, in 1993, to work within Martin Marietta as a consultant (at a salary of app. 50K/year).

6. While doing some critical testing on a new system I felt their was clear fraud going on. Attempts to resolve it “amicably” failed and I was fired in August of 1994 for “whistle blowing.” The matter is currently still under investigation by the local US Attorney’s office and I have a suit filed (with legal counsel), in US District Court, and under seal, related to this.

7. Domenic was about a year and a half old and I really enjoyed looking after him and being with him as he grew. Both Adrianne and I were working part time. I also made a determination I would never return to that type of “big company” work environment, and I would start my own business – which I did in February of 1995.

8. Shortly after leaving Martin Marietta I was served with divorce papers (in the summer of 1995).

9. Given the reduction in my time with Domenic since the divorce started, having the flexibility in my schedule to always be with him during his time with me has been invaluable. I have made the most of our time together (the Company “waits” when he is with me), and I would not trade that time for all the money in the world (nor would he).

10. My Company, the Software Workshop Inc., has shown steady growth and is a supplier of web hosting services on the Internet. I am an employee of the Company (and get a paycheck), and I also have one full time and part time employee. I have tried to supplement my income by part-time teaching as an Adjunct Professor in Computer Science at Onondaga Community College.

11. The Company growth, while good, has not been as rapid as expected due to the limitations on my time placed by the Divorce. The Divorce prevented me from getting home equity financing, so I am saddled with massive credit card debt – and am now not able to get business consolidation loans because of the Judgments against me.

12. I fully expect the company to become viable and to offer me the same or better benefits as I had before. It is also something I can share with my child as he grows.

13. I appealed the Divorce Judgment, including the “imputed income” of $40,000 – and I hope the Court will find for support in line with my actual income. The Company handles no “cash” – all transactions are via check/credit card payment/deposit – so I can present detailed information if required. The Company also has an accountant.

____________________

JOHN MURTARI

Sworn to before me this

28^th day of July 1998.

______________________________

Notary Public