Legal Question in Family Law in New York
Family
Is there any case law, that speaks about child support revisions? Specifically, if the divorce states one amount and didn't include the actual guidelines used by the law, but equals the amount under the law, and based on this ommission its being challenged for an increase. Again what case law or statutory law can be used to defend this challenge.
thanks,
John
Asked on 1/29/05, 4:34 pm
1 Answer from Attorneys
Seth Kaufman
Kaufman PLLC
Re: Family
If the amount ordered does not deviate from the CSSA guidelines, then the omission of the guidelines in the judgment should not be the basis for modification. The standard for a modificatin depends on the language in the judgment. Please consult an attorney to review the documents for a reliable answer to your question.
Answered on 2/01/05, 10:14 pm