Legal Question in Family Law in New York

Procedure for obtaining the correct amount of child support
My sep. agreement was converted to a divorce in December. My separation agreement states that my former husband will pay child support according to the �Child Support Stand. act� which is a proportional % of his contribution based our combined parental income less FICA. We live in NYS. Four months later I petitioned my former husband for a modification of support based on a change of financial circumstances in family court (I am now paying for our daughter�s medical, I have to pay a baby sitter after school, and my daughter now attends a school with requires tuition - this is the only school that has hours which do not conflict with my work schedule. At that time my former husband submitted his tax return and I discovered that he is under paying child supprt based upon the above guidelines. He had lied about his earnings on his statement of net worth during the divorce. The modification of support I filed has been transferred to another county because my ex husband moved after I filed it. Do I need to fill out another form to obtain the correct amount in child support in the new county? Or, will the current modification of support that was transferred address the issue of under payment of child support?

Asked on 6/19/04, 7:00 pm

Phroska L. McAlister PHROSKA LEAKE McALISTER

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Re: Procedure for obtaining the correct amount of child support

Ask the Court Clerk in the Petition Office whether you need to refile in the "new" county.

Good Luck,

Phroska L. McAlister,Esq

Answered on 6/21/04, 4:28 pm

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