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 (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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