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[joanrocco]

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Originally Posted by joanrocco

My fiancé's income changed dramatically when his brother died and he became the only child of his father who is wheelchair-bound with MS. He used to make about $500+/wk working overnight, 6 days a week as a hotel security guard when he got separated and started paying child support for his 2 children. He now receives $300/wk from his father to take care of him. For my fiancé, this was a no-brainer. That's his father and he needed his help. Anyway, before the job change he was ordered to pay $126.32/wk in support. He went to court to get it reduced when he changed jobs and the judge went against the NY state guidelines and ordered he continue to pay the same amount. In NY it's 25% for 2 kids, which should be $75. I know that the judge can pretty much do what he wants, but is this not unfair? My fiancé even tried to appeal the decision, to no avail. When is the soonest he can go back to court and try to get it reduced again? Is that possible or is it a waste of time? Thanks for your help.

Even though I understand that taking care of a parent is important, the law sees things differently.

The law is that a parent's first and foremost obligation is to their minor children. The Judge denied a decrease because your BF's loss of income was voluntary.

At some time later, he MIGHT be able to win decrease, but it would be at least 3 or 4 years from now, if the Judge is in a good mood.

Your BF has some hard choices to make, is there any way that he can get a part time job? If he can arrange for respite care for his Dad, it might give him the time to work a part time job to make up the difference in income.