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Petition for upward modification of child support

Discussion in 'Alimony & Spousal Support' started by Cierra, Feb 2, 2010.

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  1. Cierra

    Cierra Law Topic Starter New Member

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    Child support enforcement bureau filed a petition in family court on my behalf requesting: child support and medical support arrears, that child and medical support be paid through child support collections unit, that ex-husband provide updated medical and drug cards for our 16 year old son, and for an upward modification of child support.

    I have an unmerged stipulation of settlement (April 2008) that, among other things, requires my ex husband to pay child support by the 1st of each month, 50%of unreimbursed medical expenses, provide updated medical and drug insurance cards for my son, and pay $15 psychological expenses simultaneously with his child support obligation.

    The only issues the support magistrate is dealing with are the medical and child support arrears.

    I asked her if I could provide testimony and evidence to support the part of the petition requesting an upward modification. She answered, shaking her head, "was there an unanticiapted change in circumstances?" I answered yes and she just ignored me.

    The basis for my argument is that since the stipulation:
    1- My food costs have risen 50% per month since the stipulation (my 16 year old is a good eater and has grown 3 inches since the stipulation!).
    2- My real estate taxes and home insurance has risen $177.00 per month.
    3- My ex husband has had 4% pay raises for the 2 years since the stipulation and will have another 4% raise in 2010 and again in 2011
    4-Since May 2009, his employer pays $5.00 per day to his annuity fund (about $1,300) a year
    5- My ex-husband lives with his brother for free.
    6- The visitation in the stipulation provided that he have visitation with my son every other weekend for the entire weekend. It turned out that he sees my son once or twice a month for a few hours and never spent a weekend overnight with him.
    7- My son now requires men's sized clothing which is more expensive than boys sized clothing
    8- Our family dogs medical costs have risen due to unforseen illness and medical conditions

    I do not understand why the magistrate denied my request to be heard on this issue.
    I have another court date in about a month. She let my ex slack off for another month without paying. What can I do to get her to hear my testimony. I have receipts and bills to back up my claims.

    Based on the above, is my request for an upward modification of child support warranted at this time?

    Thank you for any advice!
     
  2. Duranie

    Duranie Moderator

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    Alot of what you mentioned should be calculated in your child support order. food costs have risen for just about everyone, 50% rise seems excessive since you only have 1 child. The ex is not responsible for your real estate taxes and a 4 increase is not that much and you cannot get an increase based on future raises he has not even got yet. His living arrangement might not matter and he may not live with his brother for free forever and plus how do you know that? It is unlikely he lives there and does not pay a dime. Your dogs are not his responsibility and if you cannot afford the dogs, then re-home them. Why on earth is that your x's responsibility? I do not know how much you get a month now but much of what you posted should already be included in that. You have to support your child too. No surprise your request was denied.
     
  3. Proserpina

    Proserpina Moderator

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    What are "psychological expenses"?
     
  4. Cierra

    Cierra Law Topic Starter New Member

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    Fees charged by a psychologist for their services.
     
  5. Proserpina

    Proserpina Moderator

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    Then they would usually be covered under medical expenses.

    I concur with Duranie.

    I see nothing which would honestly justify an upward modification.
     
  6. Karen1971

    Karen1971 New Member

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    In my decree, it combines psychological/mental with uncovered medical expenses (as Proserpina already stated). Also, I'm going through the opposite right now (my ex is trying to get his CS reduced) - the courts have us fill out the forms for what our monthly expenses are but for the most part the ONLY thing they are looking at is our current salaries. If there isn't a substantial enough change in the salaries (in my state, it's 10%), then the child support remains the same (regardless of "living expenses").
     
  7. Duranie

    Duranie Moderator

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    The ex is not responsible for your cost of living increases. That is what your child support is for.
     
  8. Cierra

    Cierra Law Topic Starter New Member

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    NYS CSEB told me they adjust child cupport upward about every 3 years for just cost of living increases (COLA).

    Does anyone know what the legal standard is for granting an upward modification of child support in NY?
     
  9. Duranie

    Duranie Moderator

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    You generally have to prove a 10% or more income change. What has hurt you is you have mention a few thing the ex is not responsible for. It sounds like you are just trying to squeeze something out of him, that is why the judge declined your request. Why is he reponsible for your dogs? That should not have been mentioned. Stuff like clothes and food are already included in your child support. I myself do not agree with the COLA if the NCP has had not a COLA. Housing and rent has actually gone down considerably in most parts of the country and property values dropped which means most people are paying less property taxes. If your jurisdiction allows COLA every 3 years, then wait until you have had the order for 3 years.
     
  10. Cierra

    Cierra Law Topic Starter New Member

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    If you'd have bothered to read my first post carefully, I stated that I never testified to my reasons for requesting an upward modification. I don't know about anyone else, but my real estate taxes have gone up twenty percent (20%) in one year alone. Stop harping on the dogs, they are my son's also.
    It's also presumptuous and rude of you to tell anyone they are trying to squeeze something out of someone. I am trying to do the best for my son that I can, as the child support is for him and I am responsible for the lion's share of his care and spend way more on him than his father.

    Are you saying that a 10% increase in NCP parents income is the legal standard in NY to justify granting an upward modification of child support? What is the source of your information.
     
  11. Karen1971

    Karen1971 New Member

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    It's not just the NCP's income - they take into consideration HIS income as well as YOURS ... and the difference has to be a 10% change of what it was with the original decree.

    As far as I know, they don't look at your real estate taxes or any "general" cost of living expenses - because if those expenses went up for you, they assume they went up for your ex as well.

    From my own experience, the modification looks at your salaries and the amount of health insurance premiums (that's something new here in the State of Iowa) and that is how your monthly child support amount is calculated. The rest of the stuff - you fill out a form that shows all your monthly expenses but here in Iowa, the judge doesn't pay much, if any, attention to that.
     
  12. Duranie

    Duranie Moderator

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    It does not matter if the dogs are your sons, they are an unecessary expense. Even though you did not state this to the judge, it is obvious you want the judge to consider this expense. You have them, you pay for them. I'm not to be rude but based on what you have posted, it's no surprise the judge declined you. Just because some expenses have gone up (I think everyones has) does not mean you get more child support. The taxes again are not his responsibility, what if his have gone up to? Unless MANDATORY expenses like healthcare, day care (if it applies), etc you do not get an increase. Or the NCP's income usually has to go up at least 10%. In your child support, the items you buy for your son, are already factored in as you are also required to support your child.

    10% is just a baseline figure on what most jurisdictions require for a pay increase otherwise CP's would be dragging their exes into court all the time for minimal pay increases. It is usually 10% or every 3 years or so.

    I wouldn't even bring up the supposed fact the ex lives for free. You do not know this and if they do try to get an increase based on that you can bet he will then be able to submit receipts for bills, rent, etc..
     
  13. Proserpina

    Proserpina Moderator

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    And additionally...OP may well find child support being reduced, not raised.
     
  14. Cierra

    Cierra Law Topic Starter New Member

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    If you actually knew the law in NY, you'd know it's harder to get a reduction.
     
  15. Proserpina

    Proserpina Moderator

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    Is there actually a reason for your rudeness?
     
  16. Cierra

    Cierra Law Topic Starter New Member

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    You can sure dish it out but you can't take it. It is not helpful to post misleading answers just to obviously incease your number of posts when you do not know NY law.
     
  17. Proserpina

    Proserpina Moderator

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    :rolleyes:

    Please consult with local counsel who can advise you according to your specific situation.
     
  18. army judge

    army judge Super Moderator

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    When personal expenses increase, some people consider begging, some commit illegal acts; while others get another job!


    Sent from my iPhone using Tapatalk
     
  19. Proserpina

    Proserpina Moderator

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    You're being all sensible again, AJ :)
     

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