Legal Question in Family Law in New York
Adjustment in Divorce Payments?
I am currently paying my ex wife $500,00 per month in alimony, which will continue 4 more years. However I have diagnosed terminal cancer illness; with a prognosis of 14 months of life.
I pay child support for 2 children (1) age 16, (2) 20, until they are 21. Payment now is $966.00 per month.
Question? I am no longer working and had to retire. I applied for SSN disability and was granted approval to have (1) 16 receive approx. $400.oo per month until 18. (2) is not qualified for any funds. I was awarded $801.00 per month. My retirement will be $1,121.00 per month. Previous net income from my job was approx. $1,300.00 every two weeks. An automatic loss of $700.00 per month. SSN disability will not take effect until 6/07. Retirement until 4/07. As you can see until at least April, income will be scarse I will only be receiving my VA pension of $1,300.00 per month for Feb and March. Once my child starts recieving SSN disability of $400.00 per month, will I remain responsible for his monthly child support from the divorce?
Please guide me with some suggestions if you can.
1 Answer from Attorneys
Re: Adjustment in Divorce Payments?
The original award given by the court was based on your income at that time, if there has bee a change in cisrcumstances you have the right to seek an adjustment of this award. With the situation being as you described you should not have a major problem adjusting this award.
If you need further assistance with this or any other matter such as WIlls, Health Care Proxies, or any other matter please feel free to contact my office fir further assistance. You may reach my office by the email addres provided below, you can contact us directly at 2127098303, or you may visit our website at www.cgonzalezlawfirm.com
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