QUESTION
How do I modify a divorce decree in NY?
Asked on Sep 07th, 2011 on Child Support - New York
More details to this question:
My divorce decree makes reference to a previously set up child support agreement that had been set at 17% of my income, and when i tried to modify my child support due to a loss of my job the judge threw the case out saying that i have to modify the divorce decree. Is there a form for this? And do i file it in the county where the divorce was issued even though neither myself of my ex live there?
1 ANSWER
Divorce Attorney serving Astoria, NY
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Richardson Legal PLLC
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Generally, after a divorce is finalized, you can return to the same court (Supreme Court) and file a post-judgment action seeking to modify child support or custody or other issues you may be having. Typically, you could file an Order to Show Cause to modify these issues. It sounds like you attempted to modify child support in Family Court, which is also usually permitted, but in some cases depending on the wording of the divorce a return trip to the Supreme Court is needed.
Issues like this can be complicated and you may want to hire a lawyer. If you really cannot afford one, check at the Supreme Court, many of them have legal assistance available. Supreme Court also has filing fees (unlike Family Court).
-- Best Regards,
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
www.MorghanRichardson.com
Tel: 347-746-1675
Fax: 212-574-3337
Answered on Sep 25th, 2011 at 3:31 PM