I was recently denied an increase in support even though my ex is making more money since the original order in 2004. When I asked that the support be recalculated due to her pay increase, recent marriage and the fact that my children are older and they are now in school, involved in sports, clothing and food are more expensive, I was denied because I was unable to provide proof that the children were going without and that their needs were not being met. However they did modify the order to where they are taking out an additional amount of money bi-weekly for half of what I pay for their medical insurance. Since the original court order has been modified in 2012 to include the medical, am I able to refile for the increase and have it recalculated according to her current pay?
Divorce / Separation Lawyer
The modified child support law with regard to modifying an order may apply to you now because of your existing order of support was modified, however, you may have to wait three years before you can seek another modification. Your better strategy may be to have your child support order payable through Child Support Enforcement (CSE) if it is not already set up that way, and to request a cost of living adjustment (COLA) be made by CSE. Once CSE sends out a notification to the parties of a COLA, either party may object to the COLA, which will automatically result in a hearing to determine the correct amount of child support. Your should consult with an experienced family law attorney for more information.
LEGAL DISCLAIMER Mr. Rosen practices matrimonial and family law in Great Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. You are strongly advised to confer with an attorney in your own state to acquire more information suited to your particular circumstances.