How do I lower the amount of support I’m ordered to pay if I can’t afford it?

I am the sole support for my wife and our 3 children, so why is it OK for the state to take $112.50 a week, when I was only ordered to pay $75 a week; even that much means the 3 who live with me have to go without. So can 1 child have the designated 17% of my income?

Asked on September 23, 2012 under Family Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The way you try and lower the monthly child support order you are obligated under is to file a petition with the court where the order is presently in effect to modify it. For that you need to consult with a family law attorney for assistance.

If you cannot afford a family law attorney, I suggest that you contact your local legal aid clinic to see what assistance you can be provided in your endeavor. The court order in place against you was based upon then existing county guidelines premised upon your net monthly income and the net monthly income of the other parent who has custody of your other child.

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