Q: I am the noncustodial parent and I lost my job several years ago causing me to accrue arrears. My base salary at my new job is $46,000 significantly less than what I used to make. I work a second job to support my current wife and youngest son b/c NY child support services were taking 50% of my salary. Then NYCSC started taking more from the 2nd job and leaving me with a net income of $2,000-3000/mo My ex wife's salary went from $88,000 to $119,000. Can the pro rata share of expenses aside from child support be lowered? What petition do I need to file? Or is there a particular law in the books I can refer to or research? I am defending myself in court cause the magistrate will not appoint me an attorney.
A: David's Answer: Yes, it can, as that would likely constitute a significant change allowing for the modification. You would indeed need to file a modification petition. As an aside, the Magistrate cannot generally appoint counsel in child support cases unless there's a violation petition pending. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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