Legal Question in Family Law in New York
Upward Modification of Child Support
My ex wife is seeking upward modification of child support in Family Court. I currently pay the court ordered amount as set forth by the court. My income has gone up $16,000 since 2003; however, she voluntarily quit her job in March 2006 and has rental income. She is claiming her's and the children�s expenses have gone up. Is there a good chance she will she get the upward modification? Thank you.
1 Answer from Attorneys
Re: Upward Modification of Child Support
Child support is based upon the combined gross adjusted income of the parents of the child but the reality of the situation is that the income of the custodial parent is usually irrelevant and it is a percentage of the noncustodial parent's income based upon a statutory amount. 17% for one child, 25% for two etc.
If you have had a significant change in circumstances such as an increase in income, your child will be allowed to benefit as if they were living with you.
Therefore, yes, your child support obligation will most likely increase based soley upon the information you have given.
If you wish to discuss this further or in more detail, you can contact me at 5167464747 or [email protected]
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