Is the finacial affidavit we supplied at commencement of our seperation used to determine the amount of child support my kids will recieve even if their father now claims he made less money over the last year.This action started 2 years ago and the support amount has never equaled 25% (2 kids) . He is not willing to change the weekly amount even thought it is $50 less than 25%.
Country relating to Question: United States
State (if USA): New York
Family Court gave us a ruling of 165 per week yet the actual amount should be 213 per week. his attry even showed me thsi on her own calculator , which led to the question of WHY i am not receiving the correct amount.
If the financial affidavit was submitted more than a year ago, then the parties are allowed to file an updated financial statement if there has been a significant change in financial circumstances and the court will use the new statement. The court may even ask for the past 3 years of income to determine if the change is significant or not when considering the amount of support to award. If the court has not awarded you the correct amount according to the statutory guidelines this is another issue completely. In order for the NY court to deviate from the statutory guidelines, they must issue a written decision justifying why they have deviated from the guidelines and if they have not done so then you have grounds to file an appeal of the support award and seek to have the appeals court award you the proper amount or send the case back to the original court to make the proper calculation of your support award.
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