Legal Question in Family Law in New York

Modification of Child Support

I have a support order from Monroe County Supreme Court resulting from a divorce in 1991. It orders me to pay $50/wk for each of my two children until emancipation. One of my children now lives with me (one of the itemized emancipation events). My ex-wife has filed a petition in Family Court for a modification of the support. Her only listed change of circumstance is my increased income. She was represented by an attorney at our divorce and signed a statement stating that she understood the support was different from what NYS law would have allowed. She claims to make approximately $30k, I make approximately $72k. She is re-married and recently purchased a new home.

I have two questions:

How likely is it that she will be successful in modifying our original agreement?

Would I be successful in request child support from her for the child living with me?


Asked on 11/23/00, 9:09 am

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Modification of Child Support

I would need to see the Judgment of Divorce and the Stipulation of Settlement, as well as her current petition.

Generally speaking, you must first have lawful CUSTODY before you can seek child support. You do not mention the age of the child living with you or the circumstances.

If that child is emancipated, then neither parent would pay child support; but if you have legal custody, then she would have to pay you. The difference would have to be adjusted.

Your ex may have issues of imputed income. Suggest you consult with an experienced matrimonial attorney to learn your rights and options.

Hope this helps.

www.BravermanLawFirm.com

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Answered on 11/29/00, 8:10 am


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