Q: I want to modify my child support monthly payment amount since I can no longer able to maintain my current basic expenses (rent, food, car payment) and keep up with the demands of the child support payments. I want to know what I can expect from the court and if this is a valid concern that would help me lower the payments just a little bit below the standard percentage that's apply to everyone (ie I pay 25% for two kids and I want to lower my payments to about 22% or 20%). Again, I'm struggling to make ends meat and this is the reason for trying to lower the payments but want to make sure I take all the necessary backup if needed.
A: First, the Court cannot generally change the percentage, unless the combined parental income exceeds $141,000 (as of 2014). Second, how likely the court will reduce the support may depend more on how substantial a decrease of income you've had & the reasons for the decrease. Third, I'd need to know whether the original support was done pursuant to a stipulation of settlement or mere order - and whether it's more than 3 years old. You're thus best advised to schedule a consultation with a Westchester 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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