I have a question about child support and failure to pay...?

by dbking

Question by Marie: I have a question about child support and failure to pay...? I am in New York State. I realize that this could be answered falsely and i do have an attorney. I'm just asking for advice or info to calm nerves and see what ppl think. My ex and i are divorced with one child. Our decree states he must pay me a certain amt of money each month by the first of the month. He did up until Feb. He just randomly stopped saying he doesn't have the money. He claims our agreement states his income shoudl be reassessed each year bc he has his own business yet he did nothing to get it reassessed. Instead, he has taken it upon himself to assess it and calculate his own child support amount, which he has paid me twice now. He skipped two months entirely and other two months he gave me his newly calculated one. We went to court once, have another date in few weeks. My lawyer is attempting to prove him willful and has given him a subpeona for his financial records. He also has a laywer now. I'm just wondering what on earth his lawyer could defend? Is there any way he won't have to pay me back and get his amt reduced? He never filed for a modification, just changed it himself. He also claimed to only make $ 15000 last year but has a vehicle worth about 35,000 dollars, boat, snowmobile, motorcyle, fourwheeler..etc. He has a house that he rents...i don't see how he can get away with this. I just want what's fair and i do everything for our child. He is hardly around. I'm just wondering what his lawyer can defend and what my odds are in this all given what i've said here. IF anyone has any knowledge in this, please help! Best answer:

Answer by sheloves_dablues
It's typical for ex-spouses to review income on a yearly basis and adjust support accordingly. He doesn't have to file for a modification. Support is based on income and if his income is reduced, his child support is too. That said, he can't arbitrarily change it. He must provide proof to you that his income has dropped. He hasn't done that, which is why your lawyer has subpoena'd his financial records. PS. I have a house worth half a million dollars, but my income could drop dramatically next year. I'd still have my house....

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