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What is taken into consideration when someone wants to modify Child support ?

  • By: David Bliven

Q: My ex has been unemployed for several months. He informed me today that he is no longer paying support because he’s out of work. He always was very well off financially. Worked on Walk street. Lives in a 2 million dollar home on the water with a boat. Has a live in Nanny for his other 3 small children. He hasn’t been working and says he’s only getting 2k a month in unemployment so he wants to reduce his Child support payment from $3200 to $500. Will the court take into consideration his high living expenses? He’s obviously paying for the house, boat… so will the judge take that into consideration when deciding to grant him a reduction. He hasn’t paid an increase ever since it was ordered in 2013.

A: The Court can consider his assets as a factor in determining his ability to pay. Moreover, the Court can impute income to him if he doesn’t prove he’s making a diligent effort to find new work commensurate with prior earnings. Schedule a consult with a Westchester Child Support attorney for a full assessment.

David Bliven: White Plains & Bronx Family Law Attorney

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