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Just curious

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sistasoul

Junior Member
What is the name of your state? NY Is it worth the time to put in a petition for child support modifications every so often to check for increases in my ex's salary?
 


Phnx02

Member
sistasoul said:
What is the name of your state? NY Is it worth the time to put in a petition for child support modifications every so often to check for increases in my ex's salary?
Why not? Just as the cost of housing, food, and everything else in life goes up every year due to inflation, so does the cost of raising a child. In many states, a salary review is automatically done every 3-4 years for this very reason. (a free service if your payments are sent thru the state). Some states may not consider an increase in the cost of living as a basis for a CS increase......some base it soley on if the NCP's income has increased more than 10-20% since the last order/review. If he/she's making more, CS should be more.
 

BelizeBreeze

Senior Member
Phnx02 said:
Why not? Just as the cost of housing, food, and everything else in life goes up every year due to inflation, so does the cost of raising a child. In many states, a salary review is automatically done every 3-4 years for this very reason. (a free service if your payments are sent thru the state). Some states may not consider an increase in the cost of living as a basis for a CS increase......some base it soley on if the NCP's income has increased more than 10-20% since the last order/review. If he/she's making more, CS should be more.
Why not? Because without good solid reason to pursue a legal action the ex could counter with a frivilous lawsuit claim or turn around and file each and every year for a decrease.

This is exactly why judges hate divorce and custody hearings. File when necessary. PERIOD!
 

BL

Senior Member
BB you are correct.

In NY , my brothers X Petitioned for CS modification every time she got wind , he gained some sort of income , or yearly pay increase.

Finally after the 3rd or 4th time , he obtained a Lawyer.

The Judge flat out told her , just because he gets an increase in pay each year ,or tax return, or whatever , doesn't mean you're entitled to it .

So, before you play that game , make dam sure , he gets enough of an increase to have CS modified , and that doesn't mean every 3 , 4 , 6 , 12 months .
 

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