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

Q: I was told I voluntarily left a higher paying job, for a lower paying one to avoid higher support.

I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t see for months (never got it due to no fault of my own) working 12hr overnight swing shifts really started to effect my day to day. I finally had enough, and left the job (entry level) 22.50/hr. And went back to my previous employment, 17/hr. The judge had it in his head that I left purposely to avoid higher support payments ( the custodial parent said this to the judge after being sworn in) this was honestly not the case. Is there a way to object to this decision? How do I prove that I left due to the hardships of the demanding job? My current order is $158 and my rate is $17/hr/40hrs. Which leaves me higher then the nys single child limit of 17% of my wages.

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

A: You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

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