New York State -

I am hubby's second marriage -when his first wife divorced him -he ignorantly waived getting representation. He claims he had no means -and it is water under the bridge at this point -however - on the matter of child support -

It is defined in the agreement that every year, he provides wife with a W2 in January and support is adjusted accordingly. He has paid for 10 years -willingly and on time and we have no issue with what is right and providing for his first daughter - a year ago, I lost my job- (he and I also have a child together) -we are now trying to avoid bankruptcy and keep the lights on until we can replace that income -to say we are in hardship is not an exxageration.

Last year, his job allowed him to work overtime- so his pay and hours were inflated -it helped us survive -and obviously his w2 reflected that- and support was adjusted up to $600 a month per their divorce agreement.

My question -is- since the support is ordered via divorce agreement -is there any way for us to request at least a temporary modification -or request that he reports income to her every 3 years long term... divorce also states that he pays support while child is in college -inclusive of grad school- up to age 25 -and half of college expenses etc... we don't begrudge child or ex anything -and want to do what we can -but do we have any legal recourse.

Yes, you go back to court and ask for modification, just like it does every year but ask for it because of change in income.

It was my income that changed -not his -is it still relevant?

Depends on how the state normally figures child support, you can go back and see about having the entire system modified if the current system is not following current state guidelines. ** may not always win.

In the years my older boys were from 3 to when they were 15, I bet I was back in court for one reason or another at least once a year and often several times dealing with visitation, custody and support issues. Issues with the kids can always be taken back to court.

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Originally Posted by heartsick

It was my income that changed -not his -is it still relevant?

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Ok in your opening question you mentioned over time pay. You can go to court and ask for that to be adjusted out of his withholdings that way its fair to both sides. For the courts to ask your husband to maintain a full time job is one thing but to also remand him to work overtime is a different story. If they do so then you can always ask that mommie works overtime too and see how far that goes.. lol

Child support is suppose to be for the child / children and is not suppose to be a form of indentured slavery like it is becoming. Anytime there are issues you can go back and ask for changes so long as they are reasonable and warrented. Good Luck.