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Reducing child support obligation-new york City

New York, NY |

Can a judge order a reduction in child support if the person was fired from his job and is NOT actively seeking employment? I have filed a violation petition against my ex husband for not paying court ordered child support. I am wondering if the judge will temporarily reduce his child support payment or make him find employment. He was fired from his job, and has not receiced unemployment compensation (which i believe was due to some willfull action). What is the more likely scenario here? His current obligation is $642.00 a month for a set of 8 year twins, which works out to be $80 per child per week.
WAY less than what I pay in expenses. Please advise.

Attorney Answers 1


  1. No, the court will not reduce child support if the Judge (or Support Magistrate) believes your ex husband was fired for cause and is not actively seeking employment; however, the court might reduce the child support if there are circumstances beyond the control of your ex husband that are diminishing his ability to meet his child support obligation. If you think there is any chance that there will be disputed facts at the upcoming hearing, I strongly suggest you consult with an attorney immediately so you can be well advised on all pertinent rights, options and responsibilities before you must appear in court. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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