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Am I eligible for a downward modification to child support?

Asked in Glen Cove, NY - over 3 years

I lost my job during my divorce, My income was imputed. I currently make 40% less then what my support was set on. I am in industrial sales and do to the economy my commission is less. What do I need to get downward modification?

Attorney Answers (1)

Gerry M. Wendrovsky

Gerry M. Wendrovsky

New York Landlord / Tenant Lawyer

Licensed in NY

Answered over 3 years ago. As your income was imputed, it may dificult, to establish proper grounds for downward modification. That being said, if sufficient time has transpired since the divorce judgment, that you can establish a pattern of reduced earnings, it may be worth pursuing. The courts are obviously having to address more of these cases, and it may be to your benefit to seek the modification now.
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