- 33 -
The record, however, reflects that Gabriel did not contribute
all of his income toward the support of his family. Gabriel
testified that he maintained his personal checking account
primarily to cover personal expenses. Gabriel failed to produce
bank records for his personal checking account for approximately
13 weeks in 1995. The records he did produce indicate that
deposits into the account totaled $6,017.07. Gabriel testified
that he recognized deposits into the account as deposits of
paychecks and money. Nothing in the record indicates that Gabriel
received funds from others to deposit into this account. Thus, no
more than $14,613.93 of the deposits into the household checking
account in 1995 could be attributable to Gabriel.16
Gabriel identified only $4,919.31 of the deposits into the
household account as his paychecks or otherwise attributable to
him. But even if Gabriel had spent $14,613.93 on the support of
the Mahmoud Daya family in 1995, he still contributed $39,206.5017
less than the money potentially available for the support of the
family from Mahmoud, Fuad, and Morhaf.
16 Although Gabriel held legal title to the funds in the
household account, we find that Mahmoud, Fuad, and Morhaf’s
contributions to the account were not intended as gifts to
Gabriel but that Gabriel was entrusted with the funds to meet the
expenses of the Mahmoud Daya family. See supra pp. 30-31. Thus,
the funds should not be credited to Gabriel for purposes of
determining his contributions to the support of Mahmoud.
17 This amount represents Mahmoud’s SSI of $6,672, Mahmoud’s
checks from Fuad totaling $17,500, checks totaling $5,308.43
drawn by Mahmoud on Fuad’s account, $3,000 drawn on the home
equity line of credit, and Morhaf’s net wages of $21,340, which
totals $53,820.43 minus Gabriel’s $14,613.93.
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