Unfortunately, most of the things you listed are not relevant. I am assuming you signed a separation agreement that was incorporated into a judgment of divorce. If you signed the agreement before October 2010, in order to modify your child support you need to prove them that has been an unanticipated change of circumstances. This is a high burden. If you signed it after that and did not opt out of the new law, you just need to show a substantial change of circumstances. However, you should be aware that the court will order 25% of your income (or your ability to earn) less FICA and medicare taxes unless it finds its unjust (almost never happens). If you were unemployed when you signed the agreement and you are now working, its possible your child support could increase. Consult with a local attorney before doing anything. Good luck.
Unless a reason acceptable to the court is given for deviating from the child support standards act, the courts do not have to abide by the agreement. Speak to your lawyer about an ammendment that the courts will accept.
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I agree with the first attorney regarding the standards to modify child support. You should consider whether filing a downward modification would be helpful and whether you can meet the standard. You should consult with a lawyer before you fall behind on payments because that will only make your situation much worse.
Morghan Leia Richardson, Esq.
Divorce Mediator and Attorney
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
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