Q: In 2006 when the support order was modified the custodial parent was unemployed, going to school full time to acquire a Masters in teaching. Since then I lost my job, thru no fault of my own-company closed. I have kept records of job applications submitted. I have since found a job which is less than what I was making- I am happy to be employed again. The custodial spouse asset & living has changed. She has a fulltime job making 60,000 a yr, lives in a 1.5 million dollar home, Masters degree (I have a GED & some college) a houseboat in Lake George, travels to her time share in St Thomas every January. Whereas my cost of living is in debt, just became employed again. Downward modification of support is based on dramatic change of events. Does this qualify and what should I present or ask?
A: David's Answer: Usually lose of employment constitutes a "substantial change of circumstances," so long as one can prove they lost their job thru no fault of their own (which it appears you can). I'd still advise to continue a job search diary for a job commensurate with your prior earnings, however, especially if you were once earning twice as much or more. Schedule a consult with a White Plains Child Support attorney for a full assessment. -- 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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