Legal Question in Family Law in New York

how to modify a court order

i recently am going through a divorce.I pay $625.00/week what was ordered by the judge from my w2's 2 years ago. At that time, verizon had a lot of overtime due to layoffs in the company. since then, the overtime is being depleted do to loss of lan lines and my income is much less.I live on $134.00/week when there is no overtime.MY concern is that i need this to be modified, but i had to take a withdrawl from my 401k to pay her attorney fees. Does this mean that 10,000 will be considered income to use against me when figuring out the support and alimony or is the income based on my wages????? please help.


Asked on 5/16/06, 12:15 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: how to modify a court order

I understand your situation and wish I were in Buffalo rather than the NYC area where I could be of more help.

1. Your payments are based upon your income. The withdrawal should not be a part of your income for this purpose.

2. You must file a petition to modify the support downwards. You must do this quickly because every week you wait, the old amount becomes due. It will keep adding up until you file for the modification.

Good luck.

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Answered on 5/16/06, 1:03 pm


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