Wednesday, December 4, 2013

Can my ex-husband file for reduction of child support if he is unable to prove a perm disability and takes a lower paying job?

Q:  We have already been to Family Court. It was a fact finding hearing where he previously had shown he was on temporary disability, but, was suppose to prove that he had a permanent disability if he wasn't going to return to his employer. He was unable to prove a permanent disability and given six months with the modified support amount pertaining to his temp disability and then he would return to his full amount. He has not returned to his former employer and feel he is going to now say he is making a lower salary and try to file for a continued modified support payment. Can he do this?

A:  David's Answer:  It seems to me on the fact you're presenting he'd still need to prove he's disabled. Otherwise, he'd need to show he lost his last job through no fault of his own & has made a diligent search to find commensurate work since then. schedule a consultation with a Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (

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