In New York State, how often can a custodial parent request a modification in child support and under what statute?

Asked over 1 year ago - Buffalo, NY

My ex-husband's child support payments have not been reviewed in over 10 years. I know he is making a lot more money now than when we divorced. I have money judgments against him for thousands of dollars in arrears, and he only pays $15/week toward the judgments. He claims I am not automatically entitled to review of support payments, but I'm pretty sure that the DRL provides that I can request it every 2 or 3 years. I'm having trouble finding the statute that gives me that right, and I would like to read it. Any help pointing me in the right direction is appreciated!

Attorney answers (4)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Child support can be reviewed based upon a change of circumstance which may be substantial such as a 15% difference in pay. You may also be entitled to a COLA increase. If his income has gone up, then file for an upward modification. Stop listening to your ex husband , deadbeat dad, who has an incentive to persuade you not to file for an increase. Also, file an enforcement proceeding to seek a money judgment, interest, willfulness finding, legal fees and even incarceration. Contact a local family law attorney to help you.

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  2. Michael C. Wild

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . Speak with an attorney who practices matrimonial and family law about a modification of support. Petitioning for a modification of child support is not something you should take on alone. You will want an attorney to help.

    There is a find a lawyer tool on this website. You may also have luck contacting the Erie County Bar Association's Lawyer Referral and Information Service for a referral to a private attorney. More information can be found here: http://www.eriebar.org/displaycommon.cfm?an=1&s...

    This communication is intended only to provide general information. No attorney-client relationship is created.
  3. Ralph Duthely

    Contributor Level 14

    Answered . The applicable statute is DRL ยง 240-C. Here is a link.

    http://codes.lp.findlaw.com/nycode/DOM/13/240-c

  4. Marco Caviglia

    Contributor Level 20

    Answered . In addition to what the other attorneys say, if you have money judgments against your ex, why aren't you enforcing them, e.g. through garnishment which allow you to take more than 50 percent of his earnings?

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