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

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

Posted

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.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

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&subarticlenbr=47

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

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Posted

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

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

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Posted

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?

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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2 comments

Asker

Posted

I attempted to enforce them through the court system, and I only got an award for $15/week (by income deduction order) plus 1/2 his annual income tax return (which, some years, is nothing if he doesn't get a return). When I tried to take the judgments to the Erie County Child Support Enforcement Collection Unit, they refused to assist me. They told me I had to have a court order directing them to collect the arrears before they would help. That was 4 years ago, and he's had a couple of promotions, and I know he's making enough money to pay more than $15/week. Plus, he is not paying toward the children's health insurance. So, I want to bring an action for a review of child support. Just wanted to make sure I was within the right timeframe. I appreciate the comments advising me to hire an attorney. I do have one, but she isn't very responsive sometimes. I realize that because I'm a 3L I'm probably a little more sophisticated than the average client, so I think she's taken the position that she doesn't need to do as much work... However, matrimonials are far removed from my area of expertise, and I wouldn't have hired her if I didn't need help. Nonetheless, I'm winding up doing much of the research of my own and learning more than I ever wanted to know about domestic relations law! I appreciate all of the responses. Thank you.

Marco Caviglia

Marco Caviglia

Posted

Consult an attorney who does collections and s/he will do it very easily

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