New York: A non-custodial parent earns $75,000 annually at the time of divorce. With two children the court orders them to pay 25% of the gross income or roughly $15,000 annually to the custodial parent. The non-custodial parent opens a business and subsequently earns $250,000 annually. Can the custodial parent now request that the child support be modified to roughly $62,500? Are the cost of living increases petitioned for by the custodial parent based on the income at the time of the divorce, or are they based upon the new amount of income?
2 Answers from Attorneys
You can petition for a modification based on the increased income. http://www.NYCDivorceCenter.com
There are a few questions which need to be answered. When was the judgment of divorce entered? The law changed on October 12, 2010 and this date is important in advising you as to how easy or difficult it would be to get a modification. This date is also important as far as a when a party can file for a cost of living adjustment and whether a party should file objections. It is also important for an attorney to review the parties's settlement agreement and the language contained therein, such as any opting out language, etc. Basically this is not a cut and dry case. You should meet with an attorney and have him review your divorce judgment and settlement agreement.