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.