Its been 4 years since I have been getting support from my child's mother and I filed for an increase and the magistrate calculated the income of both myself and my children's mother and stated that the support would be higher just based on the basic support calculations but in order to receive the new amount he wants me to come back in January showing why a significant change is warranted. I don't understand if the basic obligation is more why I still have to show a change on my end to get it. So what can I present to show that change.
Some additional information, my sons (twins) are 16 years old and juniors in High School. I have full custody of them and a support order was entered into in 2008 in Kings County Family court.
Family Law Attorney
As a Brooklyn Child Support attorney, I can assure you that the Support Magistrate is not always correct, but they are the first step in Kings County Family Court for matters involving modification of child support. It is possible that you must show a change in circumstances to be entitled to an upward modification; however, it is also possible that the 2008 order may be modified simply because it is more than 3 years old. A proper analysis of what you are truly entitled to and how to get it requires an analysis of all the facts and circumstances pertaining to your case. Because I expect that the children are going to be entitled to child support for at least the next 5 years, I would think that if more than a few dollars a month are at stake, it will be well worth your time and money to have a confidential consultation with an attorney immediately so you have time to take any actions that may be necessary or appropriate before the modification issue is decided by the court. You can find contact information here on Avvo for an attorney who can help. Good luck!
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Divorce / Separation Lawyer
I agree with Ms Brown, support magistrates are not always right. However you do not indicate where the support order is from is it family court of supreme court? Very often courts say that if you have an agreement of support you have to show an unanticipated change of circumstances and not just that the children's cloths cost more because they are growing as that was anticipated. If you cannot make the showing the court wants, ask for support to be paid through support collection. That way you will have a new order and support collection can bring a petition for an upward modification if the father's income goes up 15% from the date of the order or 2 years elapse. Get some help from a local attorney.
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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
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