QUESTION
Should I get a lawyer for a child support modification hearing?
Asked on Jun 13th, 2013 on Child Support - New York
More details to this question:
I've had a child support order since 2003 my son is 11. His dad was unemployed at the time of the order and had to pay $94.80 bi weekly then it was raised to $108 biweekly for cost of living in 2008. So now he wants to lower his payment because he is unemployed.(Again he was unemployed at the time of original order) Only having a few jobs since 2003. He lives at home with his mom and drives a 04 BMW(which he makes monthly payments for) Do I need a lawyer to fight this or is it obvious he has no grounds to lower it?
1 ANSWER
As I tell all my child support clients, whether they are the custodial parent or the parent paying child support, except for the fee of having to pay for a lawyer, it can never hurt to have a lawyer present for your case.
Given the facts you provided, and the high burden needed for a downward modificaiton of child support, it sounds very doubtful that the father will be able to succeed in his petition. In most cases, if a person wants a downward modification of child support based a change of circumstances such as becoming unemployed, they will need to show they did not become unemployed due to their own actions, such as quitting or being fired for cause, and that they are unable to obtain any equivalent employment. Most support magistrates will also ask that the parent who claims unemployment provide a "job search diary" that shows they are making a due diligent effort to obtain employment.
Answered on Jun 14th, 2013 at 3:24 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com