Legal Question in Family Law in New York

Change of Income

My ex wife will soon be graduating from college and will enter the work force at some time with a reasonably good salary. I am paying child support for 3 children under 21, but would like to know if I can have the child support reduced due to her increase in income?

Also, her alimoney is based on a third of the time we were married, which was settled for 9 years. She was not working at the time, but as above, will now have a professionl degree with substantial income. Now that she will be on her feet, do I have to continue with alimoney?


Asked on 10/04/04, 10:24 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Change of Income

Unless there has been a "substanial change in circumstance," it is unlikely your child support or "alimony" will be reduced.

Child support is based upon a percentage of the Non custodial parent's CSSA income. To wit: Basic child support for 3 children 29% of the NCP's CSSA income to $80,000.00. Only the "Add Ons" are based upon the parent's Pro Rata income.

In addition, Spousal support ordered for a definite period, included or incorporated into a Divorce Judgment is rarely modified.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/05/04, 2:05 pm


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