Q: Ex is looking for an increase in CS due to an “increase in living expenses” on her end. It’s my understanding that only if my income increases more than 15% from the last order that a modification can be made. I’ve only had about a 7% increase. Will the judge order a new amount to be paid based on my current income?
What burden of proof does she need to make?
A: David’s Answer: If the original order post-dates October, 2010, or a modified order contains the new modification notice, then there’s 3 grounds upon which child support may be modified: (a) 3 years has passed since the last order, (b) 15% change of income, or (c) substantial change of circumstances. If the only thing she’s alleged is an “increase in living expenses” but no other ground, then consider filing a motion to dismiss. Schedule a consult with a Westchester Child Support attorney for a full assessment. – David Bliven, Westchester Child Support Attorney, (www.Blivenlaw.net)