Q: My husband pays his ex $70 a week for child support. Plus an extra $10 for child care that shes does not pay for. Her mother confessed she doesnt charge her. She does not pay rent etc. Live with her mom. Anyways my husband was making $300 a week as a roofer. Yes hes illegal. He was laid off due to the weather. During fall nd winter tgey dont work. Hes scared to get it modified due to him not being legal (btw neither is she). Now im stuck pay $80 a week. I have 2 children of my own that I need to provide for. What type of proof does he need to take to the court to get those payment reduced till april/may when he starts working again. Will it get approved?. I cant afford to buy diaper..food. for my boys.
A: David's Answer: First, he should file a petition to vacate the child care provision. He can then seek to subpoena the child care provider if the mother maintains that she still incurs said expense. Second, to lower the support he will need to prove to the court he's making a diligent effort to find new work. I do recognize this is difficult to do when he works off-the-books. He's best advised to consult with an Orange/Westchester Child Support lawyer. -- 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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