New York Divorce Attorney Discusses Modifying Child Support Payments
Question:
Spouses have been divorced for 3 years and they have 2 children together. One spouse just got remarried. Can the remarried spouse modify the child support payments?
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Answer:
As an experienced New York Divorce Attorney, I know that NY law allows you to seek a modification in child support every three years or in the event of a 15% change in income. Some Agreements waive the right to file for a modification under those circumstances.
So, you will first need to review your Agreement to ensure that it does not contain that waiver. The three years will run from the date of the Judgment that incorporated your Agreement, not from the date of the Agreement. That you are remarried and a stay at home parent does not necessarily entitle you to an increase in child support. You have an income earning ability and the court will not burden your ex-spouse with an additional support obligation based upon your choice to leave the work force.
Do you have questions about modifying child support payments? If so, contact the experienced New York Divorce Attorney Jean Mahserjian.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Divorce Attorney. This does not consent an attorney client relationship.