QUESTION

Child support payment less than the statute

Asked on Jan 02nd, 2015 on Child Support - New York
More details to this question:
I have one child with my x wife and I have custody of my daughter. I was in family court today with my x-wife and I agreed to accept a lesser amount than what the state statute is ,17%. I accepted about 5 % of my x-wifes income per month ( 75 $ ) and now feel that is too little. Can I ask for an increase based on that the payment is way below the NY State statute of 17 % for one child ?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Yes you can file a complaint for modification. Just state that at the time you didn't realize that the amount that you are receiving was significantly less than the amount that the state statute offers you in your particular situation. Your best chances of course would be to hire an attorney to argue this for you, but the basic argument would be a complaint for modification of this child support obligations of your ex and basic claim on state statute is significantly larger than what you are being paid by your ex. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq.BOTELHO LAW GROUPAttorneys At Law901 Eastern Ave. Unit 2Fall River, MA 02723 Office:  888-269-0688FAX:    877-475-8147 http://massachusettslawyeronline.com/   #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate, #alimony
Answered on Jan 02nd, 2015 at 9:23 AM

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