Legal Question in Family Law in New York
I have a legal separation agreement with my wife touching the subject of Child Custody and Support. It states we are to joint legal and physical custody of our 2 kids. She taking me to court for child support stating I am not supporting my 2 kids. In our agreement it states I am to buy the food, clothes and health insurance for my kids and I have been doing this. Can the court force me to give her a percentage of my salary even though I have proof I am giving all of the above and $20 every week to my oldest to buy food daily after school. I also got both of them cell phones and pay for it every month. I pay for their hair cuts every 2 weeks. Can I file a motion for the case to be throw out because we have a file separation agreement that addresses the topic of child support and because she doesn't have sole custody of our kids?
2 Answers from Attorneys
In order to advise you as to what the court is likely to do one would have to review your settlement agreement and income, and also the petition your wife has filed.
Your wife will have to demonstrate that an unanticipated significant change in circumstances has occurred to warrant an upward modification of child support. You should have an attorney assist you in a case such as this. No motion can be filed to have this dismissed. This is only settled at a hearing or trial.
If you would like a free consultation, you can contact my office at 516.746.4747 or [email protected]
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