Queensbury, NY asked in Child Support for New York

Q: What are my rights when my ex is trying to drop support bc he lost his job? He didn't quit, get fired, or laid off...

My ex lost his job in June 2018. Filed 1 pet to drop support completely. The case was dismissed per his request. He has filed again to drop it. He didn't pay support for 2 months. I finally got a payment of $1,100 and he's also paid one weeks payment. He has bought a new house, adopted two new pets into the home, and are talking about upgrading vehicles, and are taking a trip out of state next weekend. If his lifestyle hasn't changed, why should my daughter's? He wants to be a stay at home dad bc that's what his wife wants him to do. She's an RN and works full time. What can I Do to get the judge to not lower the support. He obviously can still afford to pay it bc he is. The judge we have does not seem to like me and I need all the advice I can get.

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1 Lawyer Answer
Nina Mironenko
Nina Mironenko
Answered
  • Huntington, NY
  • Licensed in New York

A: You're bringing up all of the correct points. The support magistrate or judge needs to impute income to him based on his previous earning history or earning potential. You must get all of that information on the record at the hearing and then object, and possibly appeal if the judge decides to lower his child support obligation.

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