Q: I'm custodial parent in June me and the kids mother came to an agreement that she would only pay $50 a week in support for 2 children. We agreed out side of court and then made it official with the court. Which at the time was fine because I was making "good" money . But now 6 months late my hours were dropped 20 hours each week and just after I purchased a home to accommodate the children need more room. I used to work 60 hours and now im only working 40 hours . Will the judge likely make her pay what the child support standard acts say she should be paying if I requested and increase?
A: David's Answer: The standard for modification is if you've either had a substantial change of circumstances and/or a 15% change of income. Assuming the cut in hours not thru any request or fault of your own, and further assuming this resulted in a significant decrease of income, I feel you have a good shot to modify upward. -- 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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