[fruitcup]

If I want to file a modification for increased child support in NYS, since I have never had an increase in 9 years. What do I have to list on my paperwork since a money figure was given on the original divorce papers not a percentage of his salary.

[JudyKayTee]

If I want to file a modification for increased child support in NYS, since I have never had an increase in 9 years. What do I have to list on my paperwork since a money figure was given on the original divorce papers not a percentage of his salary.

I don't know what you mean - do you mean what monetary amount should you request or what should you list as your income?

And, yes, it's by Statute a percentage but it's not stated as a percentage, it's stated as the actual dollar amount.

[fruitcup]

What do I list for the reasons for an increase. Because I receive a dollar amount listed
In the divorce agreement, a judge has told me I need to list why my support is not enough.

[fruitcup]

I went back to court to increase my child support. Never had an increase. Been 9 years. Was told by the judge that I had to list why my support was not enough. What do I have to list on my paperwork to get an increase. Someone told me extracurricular activities,
Music lessons etc. Is this true... Said to list things that were not considered during the
Divorce. Can I say yearbooks, school supplies, prom dresses, transportation to monthy
Orthadontists appts. Etc

[JudyKayTee]

What do I list for the reasons for an increase. Because I receive a dollar amount listed
in the divorce agreement, a judge has told me I need to list why my support is not enough.

It isn't whether you receive enough support - support is by Statute, a percentage of income. You would have to allege significantly changed circumstances. He makes more, you make less, whatever factored into the original order.

"Needing" more is not sufficient grounds for an increase.

I'm surprised a Judge is in this already - has it gone before a Judge?

[JudyKayTee]

i went back to court to increase my child support. Never had an increase. Been 9 years. Was told by the judge that I had to list why my support was not enough. What do I have to list on my paperwork to get an increase. Someone told me extracurricular activities,
music lessons etc. Is this true.... Said to list things that were not considered during the
divorce. Can I say yearbooks, school supplies, prom dresses, transportation to monthy
orthadontists appts. etc

Please don't keep posting the same question in new threads.

Already asked and answered.

[fruitcup]

Went in front of judge two years ago and was denied any increase in child support because I listed the reason that he received a substantial increase in pay. Was denied. Told not a good enough reason. I stated to the judge that since divorce, it cost more for
Their clothes, gas etc. Stated that would be a cost of living increase. Do not want a cost of increase, want more due to their activities etc.

[JudyKayTee]

[QUOTE=Comments on this post
fruitcup disagrees: you asked more detail, I gave it. QUOTE]



Please read the explanation on answers that do and don't deserve comments. It would be helpful, also, if you would post the answer on the same thread as the question.

At the moment, despite a direct answer one time, you have 3 different threads going on the same question.

You will note that all of your posts have now been "pasted" together.

[JudyKayTee]

Went in front of judge two years ago and was denied any increase in child support because i listed the reason that he received a substantial increase in pay. Was denied. Told not a good enough reason. I stated to the judge that since divorce, it cost more for
their clothes, gas etc. Stated that would be a cost of living increase. Do not want a cost of increase, want more due to their activities etc.

Should be combined -

You are not entitled to an increase based on need. It would have to be based on substantially changed circumstances.

In NYS a substantial wage increase is grounds - I have no idea what the Judge is talking about.

There is no "cost of living" increase built into child support in all but, I believe, three States.

If you request more money because of their activities the Judge will probably tell you they should participate in fewer activities - the Judges aren't necessarily sympathetic to the cause.

[stinawords]

These posts really need to be combined. Personally, I didn't know there were any states that took cost of living into consideration so judy has one up on me there. It is true that there has to be a significant increase in his income generally 15% increase I believe. Judges don't order more than the ncp can pay just because the cp wants more so the child can be involved with new things. I realize raising kids is expensive I have kids of my own but support is NEEDED to cover the basics food, clothing, shelter, extra activities while fun are not manditory to live.

[ScottGem]

Merged.

[JudyKayTee]

These posts really need to be combined. Personally, I didn't know there were any states that took cost of living into consideration so judy has one up on me there. It is true that there has to be a significant increase in his income generally 15% increase I believe. Judges don't order more than the ncp can pay just because the cp wants more so the child can be involved with new things. I realize raising kids is expensive I have kids of my own but support is NEEDED to cover the basics food, clothing, shelter, extra activities while fun are not manditory to live.

I'd have to look at it again but it's been posted - I don't recall if a cost of living increase over a certain percentage grants an automatic right to a rehearing or if it grants an "automatic" increase (which I rather doubt).

I think the 15% is also right - but I've seen the Judge ask for 20%. I've also seen - and you and I may have discussed this before - a Judge refuse to entertain a request for increased support until the W-2s, 1099's, are in - he wanted to look at a year's income, not just testimony about an increase.

[fruitcup]

Tried the basic needs. Denied. A lawyer over the phone told me to list unforseen circumstances, such as the kids activities.

[JudyKayTee]

Tried the basic needs. Denied. A lawyer over the phone told me to list unforseen circumstances, such as the kids activities.

Then do that - if it's on the advice of an Attorney familiar with the facts and circumstances - and then come back and let us know how it worked out so the next person with the question will have an immediate and accurate answer.
\
I am aware that somewhat recently someone took the ex back into Court for the cost of dance lessons. The Judge told her if she wants the child to have dance lessons, she should find a way to pay for them - they are not a necessity.

The NYS Family Law statute allows for parents to split uncovered medical expenses and required extra schooling, for example, specialized education, but otherwise it states:

"The "child support percentage" is fixed as follows:
a) 17% of the combined parental income for one child;
b) 25% of the combined parental income for two children;
c) 29% of the combined parental income for three children;
d) 31% of the combined parental income for four children; and
e) no less than 35% of the combined parental income for five or more children. "

But, again - your Attorney is in and out of that particular Court and knows the circumstances. I'll be curious to see how this plays out.

[GV70]

Some states, including New York, have taken the view in the guidelines themselves that enactment of the guidelines or changes in the guidelines does not, without more, constitute a change in circumstances sufficient for modification.
Generally, child support additions (some people call them “add-ons”) are paid in proportion to your income and your ex's income. So, if you both make the same amount of money, you would share the cost of the add-on 50-50. Add-ons can include educational expenses (tutoring, for example), extracurricular expenses (music, ballet, karate lessons), child care, summer camp, and religious instruction.
Child support orders cannot be changed on a whim or because a court thinks that "it is time." It must be based on evidence proving that there is good reason to make the change. This usually requires that a person who wants to make the change show a changed circumstance. You must show that the facts that existed when the last order was entered have changed. (In the many years a child support order is in place, the parent's circumstances may change many times.) For example, in New York, if one parent's income has changed (either gone up or down) by at least 25%, this is considered a big enough change to require a change in the support order. You can request a modification for a lesser change in income, but will not necessarily be guaranteed a change in the support order.

[GV70]

Many different scenarios can create changed circumstances. For example, if the paying parent has had a large increase in income, the court can order the child support increased. Or, if the child's needs grow, such as if the child becomes ill or disabled, the amount of support can be ordered raised. Sometimes the mere passage of time creates the changed circumstances. For example, as a child grows older, it becomes more expensive to buy clothes, food and other necessities. These increased expenses can be enough to justify a raise in the support order.

Support can also be reduced if you can show why this would be fair. For example, support payments may be reduced if the custodial parent inherits money, gets a large raise or otherwise has an increased ability to support the children. Or, if the paying parent loses his or her job, the court can be asked to reduce support during the period of unemployment.