Legal Question in Family Law in New York

Will an existing CS order/agreement set a precedent in modification of someone e

Hi

My husband has a current CS order in NYC (Brooklyn) for CS based on his salary at the time of 27k (he pays 600/mo)

we recently seperated - and we agreed to deviate from the guidelines and he was ordered to pay me (in New Jersey) 750/mo. He has since (last 2 months) gotten a better paying job making almost double and has started paying ME double (375/week vs bi weekly) - but we have not gone back to court (my order is only 2 months old)

Now his ex is wanting a modification - and I'm afraid that the amount he's been paying me may be decreased -

- will the fact that he's been paying me 375/week vs what the ordered amount was make any difference ?

- should I take him back to court in NJ to have it ordered that he pay me this amount ? even though it's only been 2 months ?

- will the NY courts basically tell him tough, pay ME according to our existing order ? (his payments are through probation so there is proof of his payments)


Asked on 4/14/04, 9:41 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Will an existing CS order/agreement set a precedent in modification of someo

It is important that whatever your husband is paying as child support be reflected in a court order so that he will get full credit for that obligation when a court considers increasing what he pays as child support to his former wife.

If you require further explanation you should call me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Read more
Answered on 4/14/04, 11:32 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York