Tuesday, July 15, 2014

My ex has hired someone to recalculate child support diminishing his support by $600 a month! Can he do this without my consent?

Q:  We had a collaborative divorce and in the agreement it stipulates that we agree to recalculate every year. He lives in a huge mansion by himself with 8 acres, a pool and a tennis court and has substantial investments. He doesn't work much at all and now is claiming poverty. $600 a month reduction is going to severely affect my life and my childrens' lives. Should I take him to family court? Can he just start paying me less without an official document? What is your recommendation please?

A:  David's Answer:  Usually your divorce settlement gets incorporated into a judgment, and usually the judgment specifies the amount of support. As such, the only way to modify the judgment would be to go back to Court. It behooves you to bring the agreement, the judgment & his purported basis for a reduction into a Westchester Child Support lawyer for a full assessment. Call such an attorney to schedule a consult.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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