Downward modification of Child Support and Maint.

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Latest post 11-07-2011 7:52 PM by Drew. 5 replies.
  • 11-06-2011 9:20 PM

    • brny234
      Consumer
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    • Joined on 11-07-2011
    • NY
    • Posts 2

    Downward modification of Child Support and Maint.

    I am proceeding Pro Se in supreme court. I have filed an OTSC (with supporting affadavit, statement of net worth etc.) for a downward modification of support and maint. Over the past year my salary has been reduced (through no fault of my own) by 35%.  During that same time I have applied for better paying jobs and had had several interviews.

    Is there any case law to support my motion? Or if you have any suggestions on how to prepare my case please let me know.

    Thanks

  • 11-06-2011 9:47 PM In reply to

    Re: Downward modification of Child Support and Maint.

    You won't find anything in case law because the standards for child support and maintenance are statutory.

    It's a matter of computing your obligation based on your financial condition.

    There are several resources in the following search results:

    http://www.bing.com/search?q=ny+child+support+and+maintenance+guidelines&go=&qs=n&sk=&form=QBLH

     

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  • 11-07-2011 6:49 AM In reply to

    Re: Downward modification of Child Support and Maint.

    Well, case law further defines and interprets statutory law . Neverertheless- you may want to provide documentation from your employer as to the reason for the decline in your income along to show it wasn't a voluntary decrease along with evidence of your job searches.

  • 11-07-2011 7:32 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,498

    Re: Downward modification of Child Support and Maint.

    As a layman I agree--its going to be your burden to show your salary cuts were involuntary --keep it clean and factual. Were these salary cuts or cuts in hours or both ?  Details may matter --we sort of expect folks to work a full work week --so if your hours were cut below 38-40 you may need to address a solid but unsuccessful search for added work --but I'm not sure we expect persons employed full time to get a new 2d or 3d job --unless they already had one --then quitting same might be an issue if you used a quit to  seek lowered support --but thats not your question as posted.

     

    Seems a good number of folks work off the books or arrange to get fired so as to sidestep CS--so to some extent you will need to be very credible  and not step into any such mudpuddles.

    That said, lots of folks are suffering wage cuts of late and if your wages were cut by no fault of your own you should be entitled to application of the formula to the new set of facts.

    I agree--a short crisp credible summary of seeking better paying jobs would help your position as well.



  • 11-07-2011 12:54 PM In reply to

    • brny234
      Consumer
    • Not Ranked
    • Joined on 11-07-2011
    • NY
    • Posts 2

    Re: Downward modification of Child Support and Maint.

    Thank you for the advice on documentation. I work full time 40 hrs + for a not for profit and we have struggled over the past few years with the current economy so fundraising has been tougher.  I have also secured a part time job in retail during the holiday season to help ends meet.  In NY state there is a burden to prove hardship for any reduction of maintenance. I think that I have proof of hardship since I do not currently have a place to live and stay at the office at night sleeping here as well as many overdue bills etc.. 

    I have a good history of job search as well and will be prepared to show e mails from each application as well as document interviews both in person and over the phone. I just dont know if I will have to provide any case law to substantiate and bolster my claim. 

  • 11-07-2011 7:52 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,498

    Re: Downward modification of Child Support and Maint.

    Be a bit careful--some might twist sleeping at work to be an abatement of hardship as youneed not pay rents etc.

    It seems to me you work full time, salary has been cut due to external reasons:tough economy, and you have tried to make up pay shortfall with extra jobs --generally not finds any but for  holiday  season--but don't count the income that is not yet in the pot as it might not get there! 



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