Legal Question in Family Law in New York
Upward modification of child support
I have been told that unless I prove that my son's needs are not being met by the current child support award, it does not matter that my ex's salary has doubled. We recently spent time in Family Court in order to address this issue and so that I could supply documentation proving this, and the Magistrate simply told me that a simply increase in his salary did not constitute good reasoning to increase support. I had paperwork showing my son's expenses had doubled from last year, and she never asked to see my proof. I feel that my pleas are falling on deaf ears and my ex should be paying $147 per week rather than the adjusted $78 per week. Please let me know if I need a lawyer to wage a defense against the State!
1 Answer from Attorneys
Re: Upward modification of child support
It's probably not what you want to hear, but the Magistrate's statement of the law was correct. That your son's expenses have changed and that your ex's salary has changed, even together, do not constitute sufficient grounds to alter the award. You would have to show that your son's needs are not being met - and they presumably are, since the expenses presumably have been paid, even though it may be straining your finances to do so.
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