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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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My income has gone down 21% and I want to get child support

Customer Question

My income has gone down 21% and I want to get child support modified in NEw York. We recently went through a divorce - and I signed a deal I am not happy with just to settle (it had been four years of painful proceedings as my wife did not want to sell the marital home, despite not being able to afford it). I have 50% custody and I also pay all the health insurance for my son. My wife is getting over a million dollars from the sale of our house, as i am also paying her $310k out of my proceeds as a pay out of her claim of separate property, and my business (I get music royalties - they were grossly over valued). The big problem has been imputing her income as she doesn't claim a lot of it on tax. For example, before I gave her 45k tax free in 2013, she received 136k from her parents, claiming it was a 'loan' but failed to show promissory notes until she forged them right before the hearing. I am not currently paying child support until the house sells, but the house is selling soon and then I am due to pay $1200 a month. My last royalty check was down 21% on last year. I've already moved into a tiny apartment to save money, and given up my work studio rental space, but this amount is crippling because I still have to take care of my son 50% of the time. How do i get child support modified and is there a risk I will be asked to pay more?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.
Yes, it is possible to seek a modification. Under DRL 236B(9)(b), the standard to modify a child support agreement changed by adding two new basis to modify support agreements. Modifications may be made if (a) more than three years have passed since the agreement was either signed, modified or adjusted, or (b) there is more than a 15% change in either parent's income since the support agreement was signed, modified or adjusted.
Either side may request a modification under these new provisions. If a downward modification is sought, then the party claiming a lower income must show the reduction in income is involuntary, and they have made diligent efforts to find employment.
You can find a calculator that gives you an idea of what you could be required to pay if you file for a modification here:
http://www.alllaw.com/calculators/childsupport/new_york
You can find the forms and process to file for a modification here: https://www.nycourts.gov/courthelp/diy/supportmodification.shtml
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Customer: replied 1 year ago.
Thanks - it's a good answer - just not the detail I was looking for which is not your fault - I think ti's this service. How do I give you a good rating so I don't damage your reputation but critique the service?
Expert:  ScottyMacEsq replied 1 year ago.
You could certainly do that. You could also ask me what additional questions you have, and I'll do what I can to answer them. Some customers want a lot of detail, others want the bare bones. Please let me know what other questions you have relating to your original question.
Expert:  ScottyMacEsq replied 1 year ago.
So did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
You can rate my service to you by rating it positively, and then making a complaint to customer service. But I'm still here willing to address any follow up questions, so I don't understand what issue you have with the service. If you want more information and have more questions, please let me know. Otherwise, please rate this question so that it will close out and allow me to assist other customers that are waiting.
Expert:  ScottyMacEsq replied 1 year ago.
Hello?
Expert:  ScottyMacEsq replied 1 year ago.
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!