• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Downward Modification

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

petet

Guest
What is the name of your state? New York

I filed a downward modification and requested the court to lower my Child Support and Spousal Support by 15% to reflect my new salary.

During the 5 months it took for my case to be reviewed I paid 15% in Child Support and Spousal Support.

I received the judgment back stating Child Support was lowered stated the new amount for Child Support. It was less than what I was paying.

My question is the ordered ONLY stated my request to lower Spousal Support was denied and did not state I owed any arrears for Spousal Support.

Since I was unsure if I owed arrears for Spousal Support I sent the court a letter and asked a point blank question “The order never stated that I owed any arrears for Spousal Support. Do I in fact owe?”.

I received another copy of the Order still without any mention of owing Spousal Support Arrears.

Is there a reason the Court will not state if and how much I owe for Spousal Support during the time my Downward Modification was being reviewed?
 


BL

Senior Member
Your original order should state what you had/have to pay.

You know , or should know the numbers.

Your Petition for lowering child/spousal support was denied.

You fallow the standing orders prior to filing for a modification.

End of story, unless you file for appeal from the hearing officer within the time limit , usually 30 days.
 

VeronicaGia

Senior Member
It appears that your child support was lowered but your spousal support remains the same. Your post isn't very clear, but that's what I get from it. There's probably something in the new order that clearly states that anything from the old order is still in full affect except changes specifically outlined in the new order.
 
P

petet

Guest
That was my guess to but I didn't want to assume that.
Thanks Much!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top