Wednesday, July 23, 2014

Child support is being revisited in my case due to the 3 year rule, and I'm asking for a downward modification. While the 15%..

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 (

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