A New York father’s petition for a downward modification for this support payments was denied because he failed to alert the court in a timely manner. According to a January 28, 2013 New York Law Journal article discussing the decision, the court originally ordered the father to pay $1,445.48 per month for child support. When this number was calculated the father was not regularly employed, but his tax returns showed his gross income to be around $55,000.

Shortly after the original order was entered into the father found employment with TAXPRO. This new employment required the father to take a pay decrease. Based on his lower income the father petitioned seeking a modification. In response to his petition, the mother cross motioned stating that the father was failing to comply with the order and sought a money judgment.

The court stated that the father’s petition was filed only two months after the original order, thus there was no evidence to support that there had been substantial changes in circumstances. Based on this conclusion the father’s petition was denied for being unfounded.

Jayson Lutzky has been a practicing New York attorney for 30 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorce, child custody, and child support matters. If you are facing a family law issue, then contact our law office or visit our website at https://mynewyorkcitylawyer.com/ for a free initial in office consultation or call 1-800-660-LAWYER or 1-800-660-5299.