Q: Under what circumstances in New York can one file for a modification of child support?
Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward to end of 2022, I filed for a MOD of child support and the Noncustodial parent and his lawyer are saying because it hasn't been 3 years since the last MOD, they are trying to dismiss the case. The cost of living has gone up significantly since 2017, Noncustodial parents income has gone up more than 15%. They put a motion to dismiss my request. I want to know from a lawyers / legal standpoint, how likely is it that this magistrate will see where I'm coming from? Also, worst case scenario, how likely would a judge be to overturn a magistrates decision IF I have to appeal her decision? I just want the other parent to help financially support our child. Not asking for anything unrealistic. Thank you!!!
A: The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the Magistrate left it alone and did not address it then the starting date (for the 3 years) is the last time it was calculated. You really should retain a lawyer as these things can be complicated.
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