Legal Question in Family Law in New York

upward modification after retirement
I retired from my law enforcement job last june.I paid 900 amonth for child support since 1994-never in arrears-I tried to do a downward modification but was denied.

My pension is half my salary-its about 35000 a year.I just moved to Pa. and have a job making 11.00 an hour in law enforcement.I just got a letter saying Suffolk support unit wants another 450.00 a month.Can they do this?I only bring home about 55000 a year now and the 900 was not easy.1350 will be impossible.

I also should say my ex works off the books and her salary has not been included in any child support formula ever.

What are my chances of having it stay at 900?

Asked on 4/19/08, 10:42 pm

Joel Salinger Law Office of Joel R. Salinger

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Re: upward modification after retirement

First, You need someone to review the paperwork and decision when you requested a downward modification the last time.

Second, you need to get the new order to someone with experience to determine the origion of the increase and to see what your options are.

Last, you need an attorney to file a new request for modification immediately which would at least get the current order in for review.

What you are asking requires more information than can be imparted in this type of forum.

If you wish to discuss this matter, I give a free consultation. Contact my office at 516.746.4747 or at [email protected].

Answered on 4/20/08, 12:35 am

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