Legal Question in Family Law in New York

have been divorced for about 10 years, ex has sole custody because i did not want to fight. I pay support, she now wants more. Last increase was several years ago. I have increased my income since the divorce by returning to school. Can she get more money as in 17% of my current income now even if we have been divorced for several years. We have both remarried and have other children with our spouses. Our child's circumstances have only improved with the addition of her step father due to his very high income. She has never lacked in any way, nor does she now.

'She also wanted to change my daughters last name to that of her new husbands, however, i disagreed, as a result now more support is demanded when money had never been an issue before. our daughter is 11 and i have regular visitation in which she comes to my home where her sisters and brothers are.

These siblings include 3 sisters under 7, a brother in college and 2 step siblings that are in our home 1/2 time. I already work 2 jobs and my wife works as well in order to make ends meet. Any change in circumstances will directly effect all of my children.

what is my recourse?


Asked on 8/09/13, 8:04 am

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

Do you have a divorce agreement? This document would be called stipulation of settlement and would probably be between 25 and 50 pages long. I would need to review this to advise you further. Also, I do not know if she has applied for an upward modification or a cost of living adjustment. These are two different things and depending upon which one she filed for she would get a different result. I would be happy to review your paperwork and advise you further with this matter.

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Answered on 8/09/13, 8:35 am


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