I AM THE PAYOR/NON CUSTODIAL PARENT. IM PAYING CHILD SUPPORT TO MY EX. CAN IT BE LOWERED WHEN MY CURRENT SPOUSE GIVES BIRTH?

Q:  WE HAD A STIPULATION OF SETTLEMENT.

Additional information

 

IF IT CAN BE LOWERED, BY HOW MUCH? I PAY SUPPORT FOR TWO CHILDREN.

A:  David's Answer:  Generally if you have subsequent children, you cannot use that as a basis to lower support. In effect, the law says those children get whatever's left of your income after the first child(ren) get his/hers/their cut. There may be some other remedies in store, so you're best advised to schedule a consult with a Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net) 

I lost my job - how do I modify child support?

Written by David Bliven

Child Support Lawyer - White Plains, NY

Especially since the '08 financial crash, many people have lost their job. However, don't assume your child support order will automatically go down.

1 - File a Modification Petition

In NY, one only gets reflief retroactive to the date of filing, so if you lose your job, file a petition for modification right away. You cannot get a modification if you either voluntarily quit or are fired due to misconduct.

2 - Burden of Proof

On your petition, you have the burden of proving you lost your job thru no fault of your own. Thus, you must produce a notarized letter from your ex-employer confirming you were laid off, or other similar proof. You must ALSO prove you're making a diligent job search. You can generally only prove this by submitting a job search diary, comprising printouts & recordations of all your efforts to find work commensurate with your prior earnings. You should be aware that if you're completely out-of-work, the Court will generally require 30-40+ efforts per week. If you're working part-time, this may be reduced depending on your hours to 10-30 efforts per week.

Additional Resources

To access forms to restore your drivers license or challenge arrears, follow the link below.

NYS OCSE

(www.blivenlaw.net)



Can my bank account be frozen from owe child support only $561.18

Q:  they already take money out my check for back child support.


A:  David's Answer:  If they have a money judgment, then any arrears owed can trigger a restraining notice on your account. If you have more than $561.18 in the account, it may be best to cut a deal with them. Schedule a consult with an Orange/Westchester Child Support lawyer for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net) 

Can I sue my ex to terminate deferred child support, now that children are grown and she withheld them from me in violation

Q:  I am divorced 20 years and paid reduced child support of 800 a month for 20 yrs (200 month was deferred, which I have now been paying for 7 years, half the sum due). Ex lives out of state and never allowed visitation but I continued to pay. Kids are now in mid 20's and I have no relations with them due to her violation of decree even though I have lived up to every stipulation. Is it possible to sue her to terminate the remaining sum due now since it wont affect the kids, is only for her benefit and she violated every single stipulation without regard for the law or the damage she's done to me.


A:  David's Answer:  First, you'd no longer be able to bring up the issue of emancipation as a defense, as the children are already over 21. As for her violating the stipulation, a fuller assessment would be needed as one would need to know (a) what the violations were, and (b) whether you sent a default notice letter to her addressing each & every violation. Schedule a consult with an Orange/Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net) 

How much maintenance and child support can be legally deducted in New York State?

Q:  My fiancé is divorced. His ex wife has been cohabiting wih her boyfriend since May 2014 but they are not yet holding themselves out as husband and wife. He was awarded a $500/month modification but still pays his ex wife 88% of his salary for maintenance and child support. He works approximately 60-70 hours a week, and in addition pays for health insurance for boh children and for college, auto and cell phone costs for his older child. His ex wife is perfectly capable of working yet refuses to do so. Her boyfriend is paying the bills on the house my fiancé built and she continues her excessive lifestyle. Are there laws in place that state what percentage of someone's income can be legally drawn for maintenance and child support? He even had to declare bankruptcy. It doesn't seem kosher.


A:  David's Answer:  Yes, there are guidelines for child support & maintenance in NY. You can access the child support calculator here:http://www.nyc.gov/html/hra/html/services/child..., and the maintenance calculator here: http://www.courts.state.ny.us/divorce/calculato.... And while the maintenance calculator only technically governs interim maintenance awards, it nevertheless put you n the ballpark of what the court will award either on a final order or post-judgment determination. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net) 

How to get court to have custodial mother document actual working hours.

Q:  I have reasons to believe the Custodial Mother (CM) is submitting fraudulent expenses for daycare (of which I have a pro-rata share of 57%) Daycare provider is a neighborhood minor, not a licensed provider or facility. Have been unable to make contact with provider to verify hours/days. 

CM has testified in earlier proceedings her employment is itinerant in nature, without set days or hours. Can she be compelled to provide verification from her employer to accompany daycare expenses? Would I do this by Order to Show Cause, or a Modification Support order? Can I request that all daycare expenses be paid by check and only reimbursed when accompanied by cancelled check AND verification of days/hours worked? Am a pro-se Non Custodial Dad.

A:  David's Answer:  The Court wouldn't generally "require" her to produce certain kinds of evidence. That's on you to request, either by subpoena or disclosure demands. You would do so within the context of a modification proceeding. Schedule a consult with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net) 

DISMISSED WITH PREJUDICE/DISMISSED W/O PREJUDICE - CHILD SUPPT ARREARS

Q:  Modification Petition from Suppt. Magistrate was dismissed with Prejudice (child suppt. arrears). Then on last page of Order of Dismissal it states that it is ORDERED that the petition herein is dismissed without prejudice. What does this mean? Does it mean that objections can be filed with a Judge? Can I go to Court of Appeals after that?

A:  David's Answer:  You can (almost) always appeal a final order - regardless of whether it's "with prejudice" or "without." "With Prejudice" means you cannot re-file the same petition with the same set of facts again. That said, denial of an Objection appeal to a Judge then would be appealed to the Appellate Division, then (if necessary) to the Court of Appeals. Schedule a consult with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)