Saturday, May 11, 2013

Want to know if I have good case to win a motion for upward modification of child support.

Q:  I have a divorce decree entered by the court approving a settlement agreement . In the settlement amt , it states that I agreed to a below the minimum child support amount due to the liberal visitation agreed upon with my son's father . 3 years later , he has never exercised his right to see his son two week nights a week and further , currently he only sees him for one overnight twice a month . . . not even for the 2 night weekends as originally agreed upon too . I would like to move the court for an upward modification of child support to the minimum allowable in NY . If this isn't a strong case , I would like to seek to be allowed to claim my son my my taxes each year instead of every other year as it stands now . Are these strong grounds for an upward mod ?

A:  David's Answer:  How many years ago was the agreement done? For long has he only exercised 1 weekend per month? Does the agreement have a default notification provision - and if so, did you provide him with written notice of his default? Answers to these & other questions will help determine your chances.   -- David Bliven, Westchester Child Support lawyer (

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