Q: rule -- which does not apply in this case -- seems to have rules around downward modifications being tied to lower income, the 3 year rule does not. Does this give the Support Magistrate more discretion to lower child support as he or she sees fit, since the modification is based on the 3 year rule only?
A: David's Answer: Your understanding is correct, in that the phrasing of the statute is an "either/or." Thus, either there is a substantial change, OR a 15% change of incomes, OR 3 years has passed. If 3 years has passed, then theoretically a 1% change of incomes would still qualify for a changed order. Schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
No comments:
Post a Comment