Legal Question in Family Law in New York

Can child support be lowered?

My husband has been faithfully paying child support for his daughter since she is 2. She is now 11. At the time of divorce his exwife was not working because she said she hurt her back.(There was nothing ever proven, no disability etc.) She remarried had another child and is now divorcing again. She has been working for the last year and a half. My question is whether we are able to lower our child support because she is now working, collecting support from other ex and owns house she had with her 2nd ex etc. My husband makes about $70000 a year and pays $900.00 a month out of his check. We have 2 children of our own now too and struggle greatlt. I also wanted to mention my husband and his ex had the same lawyer at the time of divorce which seems like a terrible idea to me. Do we have any chance? Thanks


Asked on 10/15/03, 11:35 am

2 Answers from Attorneys
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Can child support be lowered?

The rule of law when presented with a written agreement or an order for support is that there must be an UNANTICIPATED AND UNREASONABLE change of circumstances. Much depends upon both the language of the prior agreement and the history of the circumstances which occurred after the divorce judgment was entered. This may involve an analysis of your husband's present family situation, and that of his ex-wife, among other factors. It is difficult to analyze your problem anymore than this based upon your brief statement. However, if you are well-organized, we can provide a consultation for one hour at $300.

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Answered on 10/15/03, 1:10 pm
Seth Kaufman Seth M. Kaufman

Re: Can child support be lowered?

Due to the length of time that has passed, the relatively low amount of support that your husband pays in relation to his income and the high threshhold for a downward modifiation of child support pursuant to a divorce judgment, it seems unlikely that your husband can lower his payments. Feel free to call me at 211-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 10/20/03, 11:17 am


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