Legal Question in Family Law in New York

Re: Downward Modification of Child Support

I am paying child support by income execution order. I was working in the private sector earning about 50 thousand a year base salary. At that time, I was paying child support directly to my ex-wife. After the divorce and before I remarried, my ex took me to court for court ordered child support. Shortly afterwards, I lost my job in the private sector. I immediately petitioned the court for a downward modification based on the change in circumstances, but the judge denied my petition. I drew unemployment benefits and interviewed for jobs with no success. I continued to pay child support at the rate of when I was employed in the private sector, while receiving unemployment benefits. During this time, I received a letter from a city agency for a job title that I tested for in 2001 (there was a three to four year freeze on hiring). I applied and tested for the job while I was still married to my ex-wife. The job paid 36K a year with benefits. I accepted the offer and petitioned the court again for a downward modification and was again denied. To date after working on this job three years, what can I do to get the court to reduce the amount of child support I am currently paying?


Asked on 1/16/10, 9:13 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

You can try another petition. However, it won't be easy - even with the recession there may be some skepticism about your ability to get a better paying job.

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Answered on 1/21/10, 9:18 pm


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