Family Court Lawyer Queens Child Support Modification Case

The client divorced her former spouse approximately ten years earlier after the marriage irretrievably broke down due to repeated infidelity and domestic violence. 

Two minor children were born of the marriage, and sole physical and legal custody was awarded to the client at the time of divorce. 

The original agreement required the noncustodial parent to pay modest monthly child support for each child until they reached adulthood.

At the time of divorce, the former spouse reported no stable income, which led to a relatively low agreed support amount. 

Although the agreement was formally approved, the former spouse never made a single payment over the following years. 

Even after enforcement measures were initiated, the noncustodial parent continued to disregard court directives, creating significant accumulated arrears.

At the time of divorce, both children were younger than elementary school age, with relatively limited educational and living expenses.

By the time of this petition, both children were attending high school, incurring significantly higher costs related to tuition support, academic materials, transportation, extracurricular activities, and general living expenses. 

The court was presented with detailed documentation illustrating the disparity between past assumptions and current realities.

While the original support amount reflected the former spouse’s unemployment, the evidence showed that the noncustodial parent had since obtained stable employment. 

Income records and employment history demonstrated a clear improvement in earning capacity. 

This change directly undermined any argument that the original support level remained appropriate or equitable.

The court was presented with evidence that the noncustodial parent had not visited the children or contributed financially since the divorce. 

Payment records confirmed total nonpayment, while testimony established that the client had independently managed all caregiving and financial responsibilities.

This pattern weighed heavily against the noncustodial parent when the court assessed credibility and fairness.

After reviewing the evidence, the court found that the noncustodial parent was obligated to pay the full amount of accumulated unpaid child support, totaling approximately USD 70,000. 

In addition, the court determined that ongoing support must be increased to reflect present needs and earning capacity, setting a new monthly obligation of USD 500 per child until each child reaches adulthood.