Waiting period for change of child support

[kel4377]

What is the name of your state? NY
Is there a waiting period that the CP has to wait before he/she can take the NCP back to court to change the child support amount? I thought last time I was in court with my husband they had told him 2 years, but I can't remember. The situation is, my husband got a different position at his job and the CP is now saying she's taking him back to court for more money because she knows he's making more.

 

[BL]

How long has CP been receiving the current support amount.

How much of an increase.

I know if the CP keeps filing for modifications the court will get sick of it , and admonish the CP, that just because the NCP receives raises ext.,that don't mean the CP is entitled to more.

As the questions above, it depends ...

 

[kel4377]

The order has been in effect since July 2001. They just recently went to court for child support because he filed a petition to go back last year because he got a new job with a higher income, so he wanted to be honest and have it changed before she ended up taking him back. That was recently set in January of this year. Now he's gonna have to go back again?????? The increase I believe is maybe $10,000 more a year because he took a different position. And you're right, just because he makes more, doesn't mean she deserves more!!! She sure enough doesn't.

 

[FJ1200guy]

Hi Kel

I thought I'd read (on this board actually) that it was 3 years?

Lyle

 

[kel4377]

Really???? Is that for sure? Do you know where I can check to be sure?

 

[FJ1200guy]

I have a few things to do, but I'll try to get a URL for you, okay? Like I said, don't quote me, I just seem to recall some folks mentioning that...

 

[kel4377]

Ok, thanks a bunch!

 

[kel4377]

Is this for modification or just for cost of living changes?

4. Modification of orders. Nothing herein shall be deemed in any way
to limit, restrict, expand or impair the rights of any party to file for
a modification of a child support order as is otherwise provided by law.
5. Notice. Parties eligible for adjustment of child support orders
shall receive notice of the right to review such orders as follows:
(a) All applications or motions by the support collection unit or by
persons seeking support enforcement services through the support
collection unit for the establishment, modification, enforcement,
violation or adjustment of child support orders shall on their face in
conspicuous type state:
NOTE: (1) A COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING
COMMENCED BY THIS APPLICATION (MOTION) SHALL BE ADJUSTED BY THE
APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE
SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH
ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY
PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF
LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT
TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BY
THE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER IN
ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SUBDIVISION 1-B OF
SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW, KNOWN AS THE
CHILD SUPPORT STANDARDS ACT.

 

[FJ1200guy]

You beat me to it.... 2 years then, eh? Sorry I was off there, Kel.

I think it sux having an ex out there just WAITING for those 2 years to go by.... but you can be DAMN sure if his income went DOWN she wouldn't be running back to get support lowered, would she? Sometimes I really HATE exes, and the court system that lets so much bull sheet go on.


But hey, back to work I go. Later, Lyle

 

[kel4377]

Yeah, tell me about it. That's just how my husband's ex is. I don't know what's wrong with some people out there. It's not like she really needs the money, with all the stuff we buy for the daughter and spend on her, she just does it to make him mad!

 

[nextwife]

Betcha the ex wouldn't be waiting in the wings to share in his income change ASAP if his income had gone DOWN.

 

[stealth2]

Hold on, tho. Usually a significant change in income (usually 10-15%) is sufficient cause to file for a modification BEFORE the two year threshhold. Hate to burst your bubble. So a lot depends on what percentage of his income that 10k increase represents.

 

[kel4377]

Yeah, I remember them saying that too. So, how is it determined on the percentage??? What do you mean, which part it represents?

 

[stealth2]

How much of a percentage change does 10k represent? If he makes 100k, a 10k increase is 10%. If he's making 65k (roughly), 10k is a 15% increase.

 

[FJ1200guy]

Well actually...

Just found this out tonight, but here in MI a person can ask for mod anytime... the 2 year thing used to be when you could petition for free.... but if you paid, you could petition anytime, from what I was told. This from a mom that is petitioning now.... so take it for what it's worth.

Since we're all here, anyone want some popcorn?