Legal Question in Family Law in New York

Hi...
My ex husband and I have 2 children...my son is 19 years old and lives with his father in Rochester, NY although he is away at college the majority of the time; and my daughter, who is 17, a senior in high school and she resides with me in Manhattan. There has been a child support order in place where I have been paying my ex husband child support for my son in the amount of $108.33 twice a month and he has been paying $0 for my daughter. My salary was $60K, but I have received 2 salary cuts...10% in April and 10% last week, bringing my salary down to $48K. My ex husband is lazy, has been unemployed for the last 2 years and collects unemployment. So to sum things up...I pay child support for my son, even after the salary cut AND I support my daughter all on my own. He refuses to take a job like "Burger King" or "Wendy's" because he says he doesn't have to by law...it won't pay him at least 75% of what he was earning. Before the second salary cut, I was trying to get the child support payments lowered...now I need to get them stopped entirely in order to survive. I am waiting for a decision from the hearing officer in Rochester, but my attorney agrees that it doesn't look good because my ex is unemployed. Isn't there some law that will protect me and my daughter ? Afterall, we need to live too ? The child support on my son goes to age 21, which will be until Jan 2011. Shouldn't I take care of my daughter and my ex take care of my son? Any help you can provide will be greatly appreciated. thank you.

Asked on 9/14/09, 1:27 pm

Thomas Sirianni The Law Office of Thomas A. Sirianni

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You question needs more facts for me to give you an accurate answer. Feel free to call me at 516-314-1343

Tommy

Answered on 9/21/09, 9:33 am

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