Legal Question in Family Law in New York

Non custodial support

I am the father of 12, 14 yr old boys. awarded joint legal & physical custody. she makes 40K,I make 70K. i have been giving her 25% of my 70K is there an adjustment bewteen the two incomes the kids are with us equal time


Asked on 9/03/08, 5:42 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Non custodial support

If you were awarded joint legal and physical custody, then child support was probably worked out between you and your ex-wife.

Pursuant to Domestic Relations Law � 236(B)(9)(b), �the court may annul or modify any prior order or judgment as to ... child support, upon a showing of ... a substantial change in circumstance ..., including financial hardship.�

If you are unable to show a substantial change in circumstance from the prior support order then you will not be granted a reduction in child support payments.

Mike.

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Answered on 9/03/08, 8:03 am


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