Legal Question in Family Law in New York
child support
my ex-wife and I had child support set in our divorce decree at $125/week. since that time she has taken me back to court for a modification 3 times .How can the court do this when it was set in our divorce?
I have since re-married,do i have to include my wifes income when filling out a financial statement?
1 Answer from Attorneys
Re: child support
Modification of child support can be requested from the Family Court. The standard for modification depends on how your divorce was decided. If you had a written stipulation or agreement on which the judgment was based then there is a higher standard of "unanticipated change of circumstances" - if you did not then a simple change of circumstances can lead to a modification. That means simply that if your salary increased or the other party's decreased or there was some other circumstance that changes the financial well being of the children - she can ask the court for a modification.
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