Legal Question in Family Law in New York

increased child support

I saw you on a message board and thought I would try and write to see if you have the time to help me.

My boyfriend's ex wants to bring him back to court for increased child support. He has been divorced for 9 years. He has 2 children, therefore he pays 25% of his salary.

He was making 19.00 an hour when this was decided. He still only makes 20.00 now. During that nine year period he had gone out on disability for an injury and although his income was reduced, he continued to pay his full support. He had lost his job, started a new one and was only making 13.00 an hour for a few years and was still paying his full support. His divorce papers state that any further action, such change in support would be decided by the courts. I just would like if you can tell me what are the chances of him having to pay increased support.. thank you so much for your time.


Asked on 2/09/06, 9:48 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: increased child support

Please consult with a qualified attorney as soon as possible. You need a lawyer to look at the divorce judgment and other facts in order to determine the correct standard for modifying the order of support and possible outcomes. Generally, there must be a significant change in circumstances and a showing that the children's current needs are not being met - it's a pretty high threshhold. Even if the court entertains the application, it is unlikely that the court would order him to pay in excess of the 25% of his current income.

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Answered on 2/09/06, 11:33 pm


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