Legal Question in Family Law in New York
My husband pays $133 a week for child support from his previous marriage. We have since had a child together and we are having a hard time paying for our bills. Is this a change of circumstances in that will the amount be lowered?
Asked on 10/02/09, 3:22 pm
2 Answers from Attorneys
Jacqueline Harounian
Wisselman Harounian & Associates PC
No, a new child in your household is not a basis to lower his prior child support obligation. If the mother of the other child files for an increase in support, however, the Court may consider your husband's financial circumstances as a factor.
Jackie Harounian
www.lawjaw.com
Answered on 10/07/09, 3:43 pm
Antoinette Wooten
The Wooten Legal Consulting, PC
Yes, this can be deemed a change in circumstances.
You should consider filing a petition for a downward modification of the child support payments.
Patricia Martin-Gibbons
Answered on 10/07/09, 3:45 pm
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