Q: My ex wants downward modification on child support- feels too much is being taken from his unemployment benefit.
My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money judgment. He was also placed on probation in NYS for three years. He did not show up for our court dates in person, or on video conference, and the judge found him in contempt and we defaulted.
I had a privately retained attorney through this process.
Due to the pandemic, he has been collecting unemployment insurance in NYS, and I have been getting around 800$ now.
I have had minimal contact with him as he rarely sees our child.
This weekend he contacted me to let me know he was planning on filing a downward modification because he could not afford to have $800 a month deducted from his benefits. He has moved to Texas (I assume without notifying the probation office)
A: That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.
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.
