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

Q: Can you modify child support with an active Supreme Court divorce/custody case when you lose your job?

I've been paying child support and when I lost my job I paid what I could from my savings until depletion. I fell into arrears and took out a loan to catch up with child support but not sure I can keep doing this without income. Can I modify child support while my case is still active in Supreme Court? My ex and I are still settling the divorce/custody and we have temporary joint legal custody of our kids with a split week schedule.

4 Lawyer Answers
Nina Mironenko
Nina Mironenko
Answered
  • Divorce Lawyer
  • Huntington, NY
  • Licensed in New York

A: Yes you can. Your attorney should be able to help you by filing a motion, or ask for a conference with the judge. You need to show inability to pay and that it is not wilful - meaning you are trying to find and take any kind of job you can right now in order to support your children.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: This is a question you need to ask your attorney. You can modify a temporary order from the Supreme Court, or a previous permanent order from the Family Court, but there are things you need to show the court to get a modification. You can not simply say you are unemployed or making less money. Talk to your attorney to get the proper strategy to get the modification.

George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Divorce Lawyer
  • Lindenhurst, NY
  • Licensed in New York

A: The simple answer is yes, you can certainly make an application to modify a child support order during the pendency of a divorce. Stating you lost your job is generally insufficient to obtain a modification. You should consult with the attorney representing you in the divorce.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: It can be done but a motion has to be filed with the court ASAP with your changed circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.