Massapequa, NY asked in Child Support for New York

Q: Can ex-wife get back-child support on more than 2012 court-ordered $600? PRIOR W2 shows I should pay $1200

in 2005, supreme court, ordered $600 month, the divorce approved/granted in 2009. in 2012, my income increase, the ex-wife petition a support modification in family court (on the 2012' W2,-) I should have pay $900. the Judge made order based on 2005 divorce decree/separation contract. Now in 2018, again my income increase, she hired a lawyer, and he stated she submitted wrong paperwork to 2012 family court. Now her and her lawyer filed petition to supreme court for support modification, back-child support (to collect what she should have gotten) and request continuance of child support to the age of 21 from 18 (as emancipation clearly said "18" in 2005 divorce decree/separation contract), base on current W2, I should be paying $1,200. if the contract said $600 and age 18 to terminate, does this hold water that she cannot get what she want? this is in NEW YORK STATE

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

A: NY is very much a contract state, except when it comes to child support. The law is that children must be adequately supported. There is no right to an upward modification without the custodial party showing need for more support. Even if you are earning more, your ex-wife needs to show that the current child support is not sufficient. I am not sure why a 2009 NYS stipulation of settlement would have 18 as the emancipation age. If that wasn't merely a typo, you could argue that you contracted for 18 to be the age of emancipation.

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