<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by boldnyc:
NEW YORK STATE:My ex-girlfriend wants to raise my child support payments because of an argument we had. I have been paying on time without fail for 5yrs through court order n I have visitation every other weekend.She also wants to have it taken directly out of my check.She makes 11k more than me a yr. n her fiance makes about 65k a yr.I make 30k a yr.I have a child with my fiance now n have living expences.I really can't afford an increase.Do all these factors get taken into consideration?Can I refuse to have my check garnished since I've been paying on time on my own(I have reciets)? <HR></BLOCKQUOTE>
My response:
A child's needs become greater as a child gets older. This is the only reason that support will be increased. Her boyfriend's income will not be considered in the equation (not his child) and your new child may not be considered, but it could be tangentially. However, the mother has an equal responsibility for support of the child, and must prove her burden that you have the ability to pay more. Was her income the same when the order was first signed, or has it increased? If it has increased, it is doubtful that a court will increase your support obligation at this time. Has your ability to pay more increased since the order was signed? She has a right to take you back into court each year for an increase.
IAAL
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