How to Get a Downward Modification of Child Support

[machineguns]

My question involves child support in the State of: NY For starters, my situation is not unique I am sure, but I have scoured the internet and get nowhere and I'm not really concerned if my wife reads this and associates me with this question.


What strategies are available to someone that is left paying child support when unemployed leaving them 165 dollars to live on a week?

Downward modifications are such total bullshit as my attorney tells me that due to my being in a temporary order (over a year now) that it can't be addressed until the hearing of the divorce which will straighten it all out.

Where is the accountability for someone who 5 years ago was making over 60K and now takes a piss-ant part time daycare job where our child goes to making (my guess....at best 12K) a year. She has mad skills and a paralegal according to my location will earn around 55K on NY's website of wage schedule and I'm right where I have always been making around 35/40K on a good year...but not here the bottom and unemployed up to 5 months each year so far.....going back is not an option unless I want to be homeless in VA. Family here is my only saving grace but my body is failing me in my mid 40's with my back and now my damn knee that is getting an MRI tomorrow. I really don't want to go to jail, but I fear that my inabilities are creeping up on me fast and sooner or later I'm going to go into arrears and then onto jail when it tallies the magic 3K or 5K number and at over 800 a month it won't be long! So far I'm A+ for paying. I'm trying to be proactive and keep myself out of jail and do my homework now so I can be here for my daughter on Christmas and not behind bars because of money or lack of an ability to obtain it.

[Mr. Knowitall]

Why is it taking so long for your case to get to hearing? What are the issues or difficulties that have resulted in your case remaining open after more than a year? Most cases are resolved more quickly.

[machineguns]

The issue left in this divorce/custody case is: equitable distribution.

We came to an agreement on custody very early in the case (3 months), but now its division of assets. She was presented an offer 2 months ago, but has yet to respond. This is when I was afforded my last conversation with my attorney that informed me of the final process/hearing that it would address the proper calculation of overpaid child support and any credit for my over payments would be subtracted from her award of assets.
There is a little over 100K from selling the home being held in my attorney's escrow. I owned the home prior to the marriage that I kept separated financially until we moved up here a little over 3 years ago, but its complicated in that I owned it solely and no marital contributions were used to pay the note until we moved here. The determination of her worth has to be determined and we have yet to get to court and evaluate the findings of her contributions outside of my professional appraisal that was done based on the time line in which she started to incorporate her involvement/time/money into the home. So.....either unless she answers my attorney with a response or its pushed into court, it remains an issue of equitable distribution and a timing game for when both attorneys can afford time for us to resolve this.......