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Wife Files a Motion for Upward Modification of Child Support

A New York Family Lawyer said in a condition of settlement incorporated but not merged into the decision of divorce, a couple agreed to waive their right to fix the support of their child under the standards act for some period, during which time the father, a licensed urologist who was attending law school, would make no payments to the mother for the support of their child. The condition further stated that the husband agrees to pay the wife the support of the child pursuant to the act based upon his earnings at the time. Subsequently, in an order, the father was directed to pay the child support to the mother in the amount of eight hundred eighteen dollars, twice per month, which was based upon the father’s salary that was one hundred twenty five thousand dollars per year as a first year associate in a law firm.

A New York Custody Lawyer said the mother then initiated a proceeding for an upward modification, alleging that the father was now employed as an urologist earning approximately three hundred fifty thousand dollars per year. But, upon dismissal of the proceeding on the ground that the mother failed to state a reason for action for modification, the mother filed objections to the family court, but some of which were denied.

Subsequently, the mother filed an appeal from an order of the family court which denied her objections to so much of three orders of the same court, as denied her cross motion to limit the issues with regard’s the father’s income, granted the branch of the father’s motion which was to dismiss the proceeding for failure to state a reason for action, and dismissed the proceeding.
Sources revealed that a review of the condition reveals that, with the exception of the period during which the father was finishing law school, the couple clearly did not intend to preclude the guidelines, but intended to follow them.

A Bronx Family Lawyer said based on records, the family court should have applied the standard for revision applicable to child support obligations set by the court and not by condition, instead of the more difficult standard applicable to proceedings to modify the support obligations provided in the stipulation of settlement incorporated but not merged into the decision of divorce of the parties.

The court then stated a previous related case in which it said that the original amount of the support of the child was set by the court and not by condition, all that is required for modification is a substantial change in circumstances. But, in the case, the father’s nearly three-fold increase in earnings was adequate to state a cause of action for modification and, therefore, the proceeding should not have been dismissed. Given the procedural position of the case, the court remits the issue to the family court for further proceedings on the mother’s modification application.

However, a Bronx Child Custody Lawyer said the court properly denied the mother’s cross motion to limit the issues to the father’s income, since the custodial parent’s financial status is also a proper consideration for the court in making its resolution.

Consequently, the court ordered to modified the previous decision, on the law, by deleting the provision thereof denying the portions of the mother’s objections to so much of the orders, as granted the branch of the father’s motion which was to dismiss the proceeding for failure to state a reason for action and dismissed the proceeding, and substituting the provisions granting the portions of the objections and vacating the portions of the orders.

Further, the modification is affirmed by the court without costs or disbursements, and the issue is remitted to the family court for further proceedings on the mother’s modification application.
Because of the profundity of the law, dealing with it is not easy. Individuals must seek legal guidance from experts who know more. Whenever you are in a situation that requires a Nassau County Child Support Attorney or Nassau County Custody Lawyer, simply call Stephen Bilkis and Associates office. You can also consider hiring a Nassau County Family Attorney for your family related issues.

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