Legal Question in Family Law in New York

retiring and child support

My husband will be 55 shortly and able to retire after 25 years with the county. He pays $900 a month for his 15yo daughter. He has paid since she is 2yo. What happens with the child support payment? Does it go up,down,stay the same? Can we fight it in court if need be? Thank you Lisa


Asked on 1/21/04, 9:34 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: retiring and child support

If there is a substanial change in circumstance concerning a non custodial parent's income; and the child support being paid is believed to be more than the statutory percentage required, then he or she may file a Petition for Downward Modification of Child Support in the Family Court.

Child Support percentages are calculated on wage income; AND on pension, social security, disability,retirement and other income of whatever nature.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

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Answered on 1/26/04, 2:24 pm


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