Bronx, NY asked in Divorce, Family Law and Child Support for New York

Q: I filed for divorce in Feb with a judgement of stipulation. It's still pending and I am hoping for it to be finalized in

a month or two. I am the father (non custodial) paying support and alimony. What I am paying is what I agreed on based on my job that I was let go from last month. I thankfully found a new job, but what my income is now is greatly less than what I anticiapated with the agreement. I pay my soon to be ex every month since 4/1 and 2/3 medical and daycare for 2 children. However, now, what I need to give her comes to almost 70-75% of what I bring home a month and I can't pay my own bills. I need to file for a petition for modification for support and alimony asap and need help doing so. I will do what is right by my children.

1 Lawyer Answer
David Ivan Bliven
David Ivan Bliven
Answered
  • White Plains, NY
  • Licensed in New York

A: You can't get a modification of your agreement in Family Court. You'd need to wait until the Divorce Judgment gets signed & THEN file for modification. Be prepared to prove that the reduction of your income since you signed the agreement was thru no fault of your own - and that you're making best efforts to maximize your income. Schedule a consultation with a Bronx Divorce attorney for a full assessment.

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