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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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I am in the middle (hopefully tail end) of a contested divorce

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I am in the middle (hopefully tail end) of a contested divorce in Upstate NY with a discovery deadline of November 1 and I am representing myself (pre se) due to financial hardships. My soon to be ex-wife is now apparently willing to agree to the terms of my proposal, and then an (opt out agreement?). My only concern is this, in my proposal I offered an amount of child support (well over required, and for every week of the month when truth is that we do and will share 50/50 legal and physical custody of our children 5/6 and 8) and alimony months ago and at that point they quickly shot it down and demanded even more (my wife has family backing her w/money and a great attorney) and quickly opted back into the trek to trial. She has maintained zero employ throughout as to remain the "un-monied spouse" which served her very well throughout this process, unfortunate for me. Long story short; if I/we sign off on this proposal, and she secures employ in the next few months, will I be able to then go to family court to adjust the (at least) child support to reflect CSSA standards? Or am i locked into the proposed and agreed amount indefinitely? Thanks a ton.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - Child support is under the jurisdiction of the court until it terminates when the child is an adult. So a motion can be made for an adjustment of support whenever there is a change in circumstances, which obviously this would be. Generally when negotiating divorce settlements I shy away for using child support as a bargaining tool. It is the one thing that is family well set by court guidelines and there's no reason to change something that is already a known factor. Obviously you have included the child support as part of your negotiations but once it is set higher than the guidelines it is sometimes difficult to get a court to reduce it, especially if the overall income is increased by one party getting a job. But, to answer your question, you can file a motion to amend the support anytime there has been a change in circumstances.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
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