Legal Question in Family Law in New York

Re: downward modification of child support

Before I answer rhis question, I would like to note that this is not legal advice. I do not know all of the facts and I have not yet been retained as your lawyer.

Having said that let me proceed to answer the first part of your question...

This is not a yes or no answer. It is a maybe. NY caselaw says that when a person voluntarily decreases their wages they are held to the same child support standard as if they did not decrease their wages. For example, there is a case where a non custodial parent who was an accountant making $80 K per year quits his job and goes to the seminary to become a priest. The court found that the non custodial parent voluntarily deflated his wages therefore it was not an "unforseen change of circumstances" (which is the standard).

In this case, it could be argued that during the period your ex was on a grant he should not be entitled to the downward modification. However, the fact that your ex could not find a job after the grant ended b/c of the economy could be an unforseen change of circumstance and therefore, he might be entitled to a downward modification.

If I were you I would argue otherwise. You could argue that it is forseeable that someone who was out of the workforce for a year could have difficulty finding a job. Therefore your ex is not entitled to a downward modification.

As for the second part of your question the answer is no.

I would strongly encourage you to get an attorney who can review your specific situation. If you are in the NY metro area or the hudson valley please contact my office.