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Child Support Modification , Dad Needs Justice !

Kingston, NY |

I will be going to court for a support modification June 2nd, My support will decrease from 25% to 17 % of my income . My 18 year old will be coming to live with me and my ex should be responsible for 17 % of her income but she doesn't maintain a full 40 hours a week. But she is mentally and physically able to. Not sure if I should mention that she has 2 roommates living with her (her niece and nieces boyfriend) They are working adults ! They do live in a mobile home so expenses are very low. $460 a month she pays for lot rent. So My question is will the judge take into consideration that these roommates help with household Expenses? Worried that if ex is below self reserve because she choosing to work part time that my son wont get the support he deserves.

Attorney Answers 3


  1. Best answer

    If the only petition you filed is for downward modification, you will not be receiving any child support from your ex. You would have needed to file two petitions. One for downward modification and the other for support of the child living with you..
    In addition, you should make sure that your old order at 25% is not less than 17% of your current income. Sometimes people earn more money and 17% of a larger amount is more than 25% of prior income.
    Two points are relevant on your petition for support against the mother. First, if she is working less than full-time, the court may impute full-time income by multiplying her hourly rate times 40 hours. Second, as to income paid by roommates, it will be difficult to prove the income if your ex denies that she receives any money.
    Good luck.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.


  2. If she is getting rent/support from the roommates, it should count for support. Also, you can make the argument that she is working below her earning potential.


  3. The judge may take into consideration all of the income that is being made in the household, although, only her income counts for the purpose of support.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship

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