Q: Me and my x wife agreed to the child support amount and in our agreement, but now I have unexpected expenses like I had to get a new car cause my 2006 car finally gave out, so I have car payments. We split all extracurricular activities and schooling 50/50, I feel I’m paying to much still with me paying have for our daughters extracurricular activities. Our divorce agreement was finalized in 2018. I’m financially struggling and dealing with a VERY unpleasant co parent to say the least.
A: If your divorce agreement did NOT opt-out of the statutory language, then child support can be re-visited once every 3 years, or sooner if there’s been a 15% change of income or otherwise a “substantial change of circumstances.” It’s unlikely that “needing” a new car would qualify as a substantial change of circumstances. Schedule a consult with a Westchester Family Law attorney for a full assessment.