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I am legally separated from my husband and it’s been 4

Customer Question
Hi, I am legally...

Hi, I am legally separated from my husband and it’s been 4 years. My maintenance ended in July of 2016. My ex spouse has continued to pay the original child support amount and has not increased that although he is no longer paying maintenance. Can I go to family court to petition to modify child support? I can not afford an attorney and the original one I hired filed for an index # so our paperwork states that a divorce was initiated.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes and a new separation agreement was drafted but not signed by either of us. My retainer was exhausted and I can not afford to hire a lawyer again.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so, thank you.

Submitted: 1 month ago.Category: Family Law
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Answered in 7 minutes by:
12/28/2017
Family Lawyer: ScottyMacEsq, Lawyer replied 1 month ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,668
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Yes, you can petition the court to increase child support if there's been a material change in circumstances from when the order was originally entered (such as pay raises, loss of a job on your part, etc...).

Either party has the right to seek a modification of the order of support based upon a showing of a substantial change in circumstances. Additionally, under certain conditions, an order of support for child support can be modified based upon: (1) the passage of three years since the order was entered, last modified or adjusted; or (2) a change in either party’s gross income by fifteen percent or more since the order was entered, last modified or adjusted. Note that bases (1) and (2) for seeking a modification of the order of support for child support do not apply if the: 0riginal order establishing support was entered prior to October 13, 2010; or parties entered into a validly executed agreement or stipulation prior to October 13, 2010 which was incorporated into the original order of support; or parties have specifically opted out of the cases provided in (1) and/or (2) in a validly executed agreement or stipulation entered into on or after October 13, 2010.

In New York modification of support orders is a judicial process. Assuming the other parent’s address is known, the process is started by the completion of a modification petition and an affidavit in support of the petition along with any other supporting documentation and filing it with the court. A parent with questions about the modification process can obtain assistance by contacting the child support helpline or the court.

You can find the specific forms here: https://www.nycourts.gov/forms/familycourt/childsupport.shtml. There's also a program that will assist you through the process: 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 the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Family Lawyer: ScottyMacEsq, Lawyer replied 1 month ago

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Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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