Legal Question in Family Law in New Mexico

Child Support

I would like to know what are my rights when going to court and filing a downward modification because of a significant change in my son's mother income (she is now a Correctional Officer for the state of New York for the past 5yrs) and since I am now ordered to pay child support for another child. I provided all the info to the judge Pay-Stubs, garnishment paysubs, and she never took not even a financial affidavit nor proof of income from the mother and the judge ordered that, I continue to pay the $90.00 a week regardless of the other child support which I am paying. At the time the judge ordered the 1st time was $75.00 a week(without my having a job, I was unemployed at the time and so was she.)I have done some research and see that the guidelines for the state of New York is 17% of COMBINED INCOME which means both of our incomes together not exceeding $80,000, which clearly didnt make a difference to the judge because she simply ''did not want to hear it'' which was her exact words. Ofcourse, the mother was represented by an attorney but I wasn't, I thought it would be in my favor since I had all the necessary documentation but once again I was treated unfairly. I would like to know what are my rights in this matter?

Asked on 8/10/01, 4:48 pm

1 Answer from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law
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Re: Child Support

You can go to court, but odds are not in your favor. Your child support obligation is based on your income, not the mother's income. You may get a slight change, due to the new calculation on combined income, but it probably will not be signifigant.

Judges often apply the same percentage to incomes over $80K. Sometimes they will even apply a greater percentage because of the high salaries.

Unfortunately for you, many judges are biased in favor of custodial parents when it comes to child support. You can bring a new petition, but it may not get you the kind of relief you want.

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Answered on 8/13/01, 8:52 am

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