Saturday, April 26, 2014

Can a pro rata share of extra curricular expenses and medical expenses be lowered if the custodial parent's income increases?

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 (

No comments:

Post a Comment