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  1. #1

    Default How Can a Support Order Be Decreased

    My question involves a child custody case from the State of: NY. Final divorce decree signed Jan 2017. How can ex seek to lower the support payments in family court? What are the likelihood that it will go through? In petition it states: My expenses have gone up, I have financial hardship, I have almost no authority or even correspondence with child, and ex is now employed.
    I was a stay at home mom for about 15yrs, got a job and lost it during divorce process. I have a new job. I had asked to sell the marital property that I and child reside in, realtor failed to sell so I tried to have it resisted with a new realtor, ex refused and house is now off the market.
    What are the likelihood of support being lowered? TIA

  2. #2
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    Default Re: How Can a Support Order Be Decreased

    Quote Quoting bjornenolejonet
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    How can ex seek to lower the support payments in family court?
    Not sure what you're asking. If you're seeking some sort of detailed discussion of the process, that's beyond the scope of a message board.


    Quote Quoting bjornenolejonet
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    What are the likelihood that it will go through?
    . . .
    What are the likelihood of support being lowered?
    37.8916%

    Seriously, we have no way of intelligently assessing the "chances" of something in a case we know virtually nothing about. Consult with a local family law attorney.

  3. #3

    Default Re: How Can a Support Order Be Decreased

    How easy is it to get your financial support obligations lowered claiming that expenses and cost of living have gone up and that you have financial hardship, and less contact with child?

  4. #4
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    Default Re: How Can a Support Order Be Decreased

    The change of perspective and who the "I" is in the situation doesn't make sense.

    Who is paying child support to who? Who is the child living with? At one point you say you have "almost no authority or even correspondence with child" but then you go on to say "the marital property that I and child reside in"

    Generally the court will take into account the earnings of both parents. To many details are needed to know what a specific court/judge would do... Your best bet is to seek local legal counsel.

  5. #5
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    Default Re: How Can a Support Order Be Decreased

    Quote Quoting bjornenolejonet
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    How easy is it to get your financial support obligations lowered claiming that expenses and cost of living have gone up and that you have financial hardship, and less contact with child?
    Simply "claiming" something will accomplish nothing. Details and evidence are what count.

    Having "less contact with the child" is not, however, a valid basis for reducing child support.

  6. #6
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    Default Re: How Can a Support Order Be Decreased

    Quote Quoting hr for me
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    The change of perspective and who the "I" is in the situation doesn't make sense.

    Who is paying child support to who? Who is the child living with? At one point you say you have "almost no authority or even correspondence with child" but then you go on to say "the marital property that I and child reside in"

    Generally the court will take into account the earnings of both parents. To many details are needed to know what a specific court/judge would do... Your best bet is to seek local legal counsel.
    Go read it again. Part of it has been quoted from what her ex put in his petition. That is what is causing you the confusion. It confused me for a minute too.

    Quote Quoting bjornenolejonet
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    My question involves a child custody case from the State of: NY. Final divorce decree signed Jan 2017. How can ex seek to lower the support payments in family court? What are the likelihood that it will go through? In petition it states: My expenses have gone up, I have financial hardship, I have almost no authority or even correspondence with child, and ex is now employed.
    I was a stay at home mom for about 15yrs, got a job and lost it during divorce process. I have a new job. I had asked to sell the marital property that I and child reside in, realtor failed to sell so I tried to have it resisted with a new realtor, ex refused and house is now off the market.
    What are the likelihood of support being lowered? TIA
    On the basis if his expenses going up, there is not much likelihood. There is a formula and it does not include the obligors expenses.

    On the basis of your additional income, it all depends on the actual numbers.

  7. #7

    Default Re: How Can a Support Order Be Decreased

    I, the defender lives with son, the plaintiff has son every other weekend. On many occasions the plaintiff will not exercise his right to parental time. The plaintiff is claiming:expenses have gone up, financial hardship, have almost no authority or even correspondence with child, and ex is now employed.
    During divorce process my (defendant) income was computed very low due to me being a stay at home mom for 15yrs. I am working now, and yes, my salary has gone up. The plaintiff is probably earning 5-6 times more than I am at this point.
    If plaintiff is a big spender and live beyond his means, can and should the defendant be punished for that with a lowering of support? Original decree states 6 years of support, and we are midway through that. In three more years I will be very destitute on my own salary and will be forced figure things out. The child is afflicted with mental disabilities and will most likely live at home until well in his twenties. I am stuck in the marital home that is co-owned, the plaintiff is refusing to sell it. It was on the market for 6 months and didn't sell. Now he is refusing to sign with a new realtor to sell.
    Also, we deviated from the typical formula calculating child/alimony. The plaintiff came up with a number for child/alimony and that is what we signed off on.

  8. #8
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    Default Re: How Can a Support Order Be Decreased

    Quote Quoting bjornenolejonet
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    I, the defender lives with son, the plaintiff has son every other weekend. On many occasions the plaintiff will not exercise his right to parental time. The plaintiff is claiming:expenses have gone up, financial hardship, have almost no authority or even correspondence with child, and ex is now employed.
    During divorce process my (defendant) income was computed very low due to me being a stay at home mom for 15yrs. I am working now, and yes, my salary has gone up. The plaintiff is probably earning 5-6 times more than I am at this point.
    If plaintiff is a big spender and live beyond his means, can and should the defendant be punished for that with a lowering of support? Original decree states 6 years of support, and we are midway through that. In three more years I will be very destitute on my own salary and will be forced figure things out. The child is afflicted with mental disabilities and will most likely live at home until well in his twenties. I am stuck in the marital home that is co-owned, the plaintiff is refusing to sell it. It was on the market for 6 months and didn't sell. Now he is refusing to sign with a new realtor to sell.
    Also, we deviated from the typical formula calculating child/alimony. The plaintiff came up with a number for child/alimony and that is what we signed off on.
    The bolded may be what does the plaintiff in. If you deviated from guideline and everything was lower than guideline, him asking for a modification could even cause it to increase rather than decrease.

    You should file a motion in court ordering him to cooperate with a fair market value sale of the home.

  9. #9

    Default Re: How Can a Support Order Be Decreased

    UPDATE: Court ruled against ex, deaming that he had not been able to show Financial Hardship. He has in the last year increased his rent voluntarily by $1,300/month (+$500/month for utilities), he saves $1,400/month to his 401K, he has two vehicles (one being a HD, which he told the judge he refuses to get rid of as it is his pride and joy), he has taken three vacation in the last year, where he told the judge he took zero, he co-owns a property with me that he is refusing to sell. While in court (three times) he showed utmost disrespect to my attorney and myself, he was cocky and arrogant. I got a little peace of mind for now - yay!

  10. #10
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    Default Re: How Can a Support Order Be Decreased

    Quote Quoting bjornenolejonet
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    UPDATE: Court ruled against ex, deaming that he had not been able to show Financial Hardship. He has in the last year increased his rent voluntarily by $1,300/month (+$500/month for utilities), he saves $1,400/month to his 401K, he has two vehicles (one being a HD, which he told the judge he refuses to get rid of as it is his pride and joy), he has taken three vacation in the last year, where he told the judge he took zero, he co-owns a property with me that he is refusing to sell. While in court (three times) he showed utmost disrespect to my attorney and myself, he was cocky and arrogant. I got a little peace of mind for now - yay!
    Congrats! I had a feeling it would go that way.

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