Thursday, September 18, 2014

Petition to change child support

Q: I agreed for my ex to pay the minimal amount of child support. I am now realize that it is not enough since I moved to a larger apartment and have more expenses. But since we agreed, the custody changed and my ex and I now share custody. Can I petition the court that my expenses have increased and I need help. Also, is school supplies covered by the support I receive from my ex? I've tried to ask her for help with school supplies but she keeps telling me it's a basic necessity so what she gives me each week should help cover.

A: David's Answer: It depends on how long ago the agreement was & whether it opted out of normal modification clauses. If if did not, then once every 3 years the parties can automatically re-visit child support by merely filing a petition. Even before then, support can be modified upon proof of a substantial change of circumstances (usually defined as income and/or expenses changing by 15% or more). - David Bliven, Westchester Child Support attorney (

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