Child support modification

[blonde62]

NEW YORK STATE New York Child support. Preparing to file a Motion for Child support modification.Divorced in 2003 with 2 children. At the time that the CS obligation was calculated (based on $80,000) my ex-wife was not working. Since then she has begun receiving Social Security DISABILITY payments for herself and 2 children under 18. Also, since that time I was forced to change careers in order to make a living, going from a mortgage broker with a declining yearly income (last year was $15,000 plus unemployment benefits) Now I work for the Federal government with a yearly salary of $32,170 and a pension of $30,000. As I calculate my ex's SSD with all the COLA's applied she is receiving $2,151 for herself and $717 for one child still under 18 yrs. I pay $1,500 monthly CS
Question: Should my Petion be based on the fact that my payments should be reduced by the amount of SSI my son recieves? OR should it be recalculated by my lower income combined with her SSD income which would lower my percentage of the 25% CS?
I researched that SS Disability can be used to calculate income towards CS obligation

[BL]

NEW YORK STATE New York Child support. Preparing to file a Motion for Child support modification.Divorced in 2003 with 2 children. At the time that the CS obligation was calculated (based on $80,000) my ex-wife was not working. Since then she has begun receiving Social Security DISABILITY payments for herself and 2 children under 18. Also, since that time I was forced to change careers in order to make a living, going from a mortgage broker with a declining yearly income (last year was $15,000 plus unemployment benefits) Now I work for the Federal government with a yearly salary of $32,170 and a pension of $30,000. As I calculate my ex's SSD with all the COLA's applied she is receiving $2,151 for herself and $717 for one child still under 18 yrs. I pay $1,500 monthly CS
Question: Should my Petion be based on the fact that my payments should be reduced by the amount of SSI my son recieves? OR should it be recalculated by my lower income combined with her SSD income which would lower my percentage of the 25% CS?
I researched that SS Disability can be used to calculate income towards CS obligation

Your reason for the Petition is changes in incomes.

Do the figures.

New York State Child Support Standards Act.

[url=http://www.divorcenet.com/states/new_york/ny_child_support_worksheet]New York Child Support Standards Act - Child Support Worksheet — DivorceNet[/url]

Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including:

[blonde62]

So, If I understand correctly: Changes in incomes (plural) as in HERS and MINE.

[BL]

Correct .

Also,look at your orders and see if it says anything about changes of income(s) .

Sec. 413 & 413-a

[url]http://law.onecle.com/new-york/family-court/FCT0413_413.html[/url]

[url]http://law.onecle.com/new-york/family-court/FCT0413-A_413-A.html[/url]

[blonde62]

There is no clause regarding changes other than when one child becomes emancipated then the % would be adjusted down to NYS 17% standard.
Thanks, I printed to NYS work sheet. I am applying tomorrow in family court for the modification due to change.

[BL]

There is no clause regarding changes other than when one child becomes emancipated then the % would be adjusted down to NYS 17% standard.
Thanks, I printed to NYS work sheet. I am applying tomorrow in family court for the modification due to change.

See the sections of Law . I provided the links.