Upward mod request in NY

I am the father, non-custodial parent (joint custody). I have our 2 children 3 days per week.

We opted out of CSSA, I'm paying $671/month.

Ex filed for upward modification. At time of agreement, I made $57780. In 2008 I made $69371. This represents a change of 20%.

Their 2008 1040 shows an income of $12000. According to their financial disclosure, they have a mortgage payment of $1080/month. (Off the record: they recently purchased new leather sectional, pergo flooring for 2 rooms, LCD flat screen, etc. I could go on. Suffice to say, they live in a house worth twice as much as mine, with much nicer stuff).

Me, on the other hand, filed for bankruptcy in 2006, am in foreclosure proceedings to try and keep my home, and am behind on nearly every bill that I have.

Both parties are re-married, and we each have other children with our new spouses (I have two new children, she has one).

What do you see as the likely outcome if this goes to trial? We are in family court presently.

Thanks.

Subpoena her bank records and tax returns. Bring documentation to court about your financial status. Did you have the two children at the time of the inital order?

Yes, the two children were during our marriage. I have all documentation.

Originally Posted by NYBiasedAgainstMen I am the father, non-custodial parent (joint custody). I have our 2 children 3 days per week. We opted out of CSSA, I'm paying $671/month. Ex filed for upward modification. At time of agreement, I made $57780. In 2008 I made $69371. This represents a change of 20%. Their 2008 1040 shows an income of $12000. According to their financial disclosure, they have a mortgage payment of $1080/month. (Off the record: they recently purchased new leather sectional, pergo flooring for 2 rooms, LCD flat screen, etc. I could go on. Suffice to say, they live in a house worth twice as much as mine, with much nicer stuff). Me, on the other hand, filed for bankruptcy in 2006, am in foreclosure proceedings to try and keep my home, and am behind on nearly every bill that I have. Both parties are re-married, and we each have other children with our new spouses (I have two new children, she has one). What do you see as the likely outcome if this goes to trial? We are in family court presently. Thanks.

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Get a laywer and maybe private eye. It may be expensive....but worth it.

If you have your child 3 out of 7 days, you should not be paying that much.

File for a modification based on the time you have the children in your home, and if you have joint custody that does not stipulate exactly how many days out of the week you can have your children in your home, keep them for 4 days instead.