Downward Modification

I am court ordered to pay my son's mother $300 a month in support. I have been unemployed for over a year and as I was receiving unemployment benefits, I did not petition the court for a modification. However, my benefits were cut off in April, so I filed a petition for a downward modification.

At the time I became unemployed, I was earning about $10,000 more per year than when the original support order was issued. I know that she is making more now than she did when the order was issued because as she put it "I am in a different tax bracket now" and she was no longer eligible for his low-income insurance, which we now cover under my wife's family plan. She always made more than I did, so the order of support is 60% her and 40% me.

I recently won my benefits back and the support payments once again are being garnished from my benefits. The court date is set for August. Should I still seek the downward modification, if only temporarily, until I am able to find employment? My benefits won't last forever and with the support at $300/mo, I don't want to dive into arrears when they run out. Will I win a modification even though I receive benefits? Or am I just setting myself up to be shot in the foot since a COLA was never done?

Without knowing your state, I can only speak in general terms. One important thing to determine is whether your state limits the frequency of times you can seek such a modification. For example, some states will only allow such a motion say every three years or so. One thought would be to go to the WLD main page and ask for a referral to a family law attorney in your area. You could at least get a half-hour consult to explore whether it would be best to go ahead and seek the modification or hold out until later. Hope things work out for you. AJJ

Sorry, the state is New York and I have never sought any kind of modification since the order was issued in 2006. The order barred any such requests for the first 24 months, which we are now past.

I fear that pursuing the modification will open up a can of worms as far as a cost of living adjustment, which are supposed to be done every 3 years. Again, I know for a fact she makes more money than I do, even with my salary boost prior to becoming unemployed.

Will the fact that I did not seek a modification a year ago work against me?

What if I drop the petition and something happens where I can't pay that amount anymore? I filed the petition in May and could only get an August court date. So, if circumstances change again, I'll be left waiting another 3 months for a hearing.