Q: 6 years ago, I was ordered to pay my ex child support since I was the higher earner. Custody and visitation has changed since this order. We now share 50/50 visitation and custody. (My ex and I live in the same town a few blocks from each other so we alternate custody every other week). Also, my ex now makes about $2000 more than I do. Is it better to petition to stop the child support payments since our incomes are similar? or is it possible for me to petition for her to pay support since her income has increased? Is $2000 more considered similar incomes or considered substantial enough for the judge to consider her the higher earner and now pay child support payments? Thank you for any help you can provide.
A: First, you’d need a custody order which reflects the reality that you share custody. Then you may file a petition to terminate support as well as a petition for a support order in your favor. Schedule a consult with a White Plains Child Support attorney for a full assessment.