Legal Question in Family Law in New York
Modification of child support
I have been paying the same child support to the X for 10 yrs, she is seeking more money, In the begining I was paying more then the 17% (New York State Min)
Since then 2 yrs ago my family sold some real estste, I had a share in that since I was 10 yrs old.
My lifestyle has increased considerable, my income has inreased a litte.
My calculations 17% of my adjusted gross, ie net income would yeld her another $6.00 a week.
She aaid, her lawyer wants to get me into court and its going to get really ugly.
The question:
What is the worst case senerio her lawyer can do for an upward modification? New York State.
2 Answers from Attorneys
Re: Modification of child support
You will be required to pay 17% of your "statutory income" (i.e. gross income less FICA taxes and NYC income taxes actually paid), plus your pro-rata share of child care expenses, unreimbursed medical, and possibly education costs.
Assets such as bank accounts are not considered income.
Re: Modification of child support
You need to provide more information to get a good idea about your potential exposure, beginning with the bases upon which she is filing a petition for upward mod. Before considering how much you should pay, the Court must find a substnatial and unanticipated change of circumstances, and a need, for you to provide additional support. If she files a petition that is so devoid of merit as to be frivolous, you may want to seek attorneys' fees and/or sanctions, pobbibly against her atttorney.
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