Legal Question in Family Law in New York
Child Support Modification
I am coming up on being divorced for 5 years. At the end of the 5 years my maintenance payments to my ex-wife will end. Since our divorce was finalized her salary has gone up from about nothing to $30K per year. My salary has gone up about the same amount. Here are my questions:
1) Does she have grounds and will she get a child support modification? If her salary went up the same as mine, then it seems that it should wash and I should just pay the same.
2) How do they look at my salary for child support modification? Do they look at my tax returns, w2 or paychecks? I ask, becuase I am awarded bonuses and stock options which are not guaranteed and I do not get them every year. So will those amounts be included in the calculation. These items are added to my income.
Thank you.
2 Answers from Attorneys
Re: Child Support Modification
Congratulations on your success. Not just in your career, but also in getting to the end of your maintenance payments.
Regarding whether there shall be a change in child support; your wife can petition the court at any time, but she may not win. Remember, the child is the real party making the petition. Her income becomes relevent because that too has an impact on your child. She must show 'change of circumstances' and your description suggests the changes have not been that great.
In addition, your income only includes actual money and some benefits that you receive. Things that cannot be predicted or are uncertain and in the future do not count.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
Re: Child Support Modification
The rule of law when presented with a written agreement for support is that there must be an UNANTICIPATED and UNREASONABLE change of circumstances. Much depends upon the language of the agreement that you reached previously. Judging by your brief statement, your ex-wife does not appear to have any significant change of circumstances that would warrant an increase in child support.
Only your actual income (including bonuses, the value of options or securities, etc.) is used for the calculation of child support. All of your financial documents are subject to review - it depends on how deeply someone may wish to look. It appears that the five years of maintenance paid to your
ex-wife was in anticipation of her becoming employed and receiving a salary. This would not be a change of circumstances, but rather consistent with the anticipated future circumstances.
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