Can My Ex Modify Child Support Without Cause?

Albany divorce lawyer Rochelle CavanaghQuestion:

My ex-wife is threatening to take me back to court for more child support even though my financial situation has not changed since our divorce and her income has actually increased.

She is just an out-of-control spender and just wants more money.

Can she take me back to court and have my child support modified without justification?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

In general, courts will not entertain a request for a modification of child support without your wife showing a change in circumstance.

Basically, your divorce agreement is, at its core, a contract between you and your ex-wife. She cannot unilaterally and without good cause simply decide she does not want to abide by the terms of your contract any longer.

State Child Support Calculators:

How Much Should You Be Paying?

A party has to show the court that something has happened which warrants changing the contract. Something more than “I just decided I want more money.”

Further, if she returns to court and reopens the child support issue you would also have the opportunity to argue that your support should be lowered given the fact that she has more money now than when she signed the agreement.

Regardless of what your ex-wife does, you may want to consult with an attorney to see if you could get a modification lowering your support obligation based on the fact that she is now employed.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Rochelle Cavanagh, contact Cordell & Cordell.

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