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NY state child support laws, procedure for seeking modification to child support order

Asked over 3 years ago - Chatham, NY

We were served child support modification papers from my husband's ex-wife. She is seeking more child support because my husband's salary has recently increased. Is this a cut and dry situation? Does she have to show a need for more money? She obviously doesn't need it, and is able to work more but does not. We are finally able to buy a new house and are in the process of getting a mortgage..this may change our finacial situation now if we have to give more money over to her.
We would like to have a bigger house for the 3 children and would eventually like to pursue having the children stay with us more, which is all my husband's wants. I would be able to stay home with the kids if necessary, but they are older now....one is 15, one is 17, and one in college.
What do you suggest? Is the system fair in this situation?
Thank you

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Attorney answers (2)

Oscar Michelen

Reputation Level 15

Answered over 3 years ago. Commercial Real Estate Attorney in New York, NY.

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There is no "cut and dried" situation when it comes to child support. It sounds like while there was an increase in income there was also an increase in expenses. A child support order can be modified if ther was any "change in circumstances" since the order was issued. What was appropriate for a six year old might not be good now that the chld is 16 for example. The court will schedule a hearing to determine if there is sufficeint reason to change the amount. The Child Support Standards Act created a chart that is a guideline for the proper support payments. Your lawyer may have shown it to you or your husband at the time the child support issue first came up. I have attached a link to it for your reference

Child Support Standards Chart

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Alexander Korotkin

Reputation Level 9

Answered over 3 years ago. Child Support Lawyer in Rochester, NY.

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The answer depends heavily on how the prior child support order was established. If the prior child support was based upon the parties' separation or settlement agreement, its provisions will govern. If it was based on a decision after a hearing, then the decision must be reviewed. Generally, in New York, the mere fact that the payor's income went up may not be enough to meet the burden on proof on a modification petition. I suggest you speak with an experienced family law attorney to review your situation.

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