How You Can Contest Your Ex’s Request to Lower Support

Executive Summary:

When your ex asks the court to lower child support or spousal support, it can feel like your financial security and your family’s well-being are on the line. Support payments are meant to provide children with stability and ensure fairness after divorce. If those payments are reduced, the impact can be immediate and lasting. This blog explains what it means to contest your ex’s request, why you might need to challenge it, and the step-by-step process for protecting yourself in New York. With the right preparation, you can give the court the evidence it needs to make a fair decision.

What It Means When Your Ex Files to Lower Support

When your ex asks to lower child support or lower spousal support, they are essentially telling the court that their financial circumstances have changed. They may claim a job loss, reduced income, retirement, or other financial hardship. While these situations can be legitimate, the court will not simply accept their word.

To move forward, your ex must file a petition with the court explaining why they believe support should be reduced. Once that happens, you have the right to respond. This is where you can contest your ex’s request and explain why their claim may not justify lowering support.

Common Reasons to Challenge a Request

You may decide to contest your ex’s request of lowering child support or spousal support for many different reasons. Some of the most common include:

• Voluntary job loss or reduction: If your ex quit a job or reduced hours without good cause, the court may see it as an attempt to avoid responsibility.
• Hidden income or assets: A spouse may underreport earnings or shift money into accounts to make it look like they earn less.
• Children’s ongoing needs: Your children’s expenses like housing, education, and healthcare often stay the same, regardless of your ex’s income changes.
• Temporary hardship: Courts usually do not reduce support for short-term issues that are likely to improve quickly.

Challenging your ex’s request on these grounds shows the judge why a reduction would be unfair and why maintaining current support is necessary.

Step-by-Step Guide to Contesting Your Ex’s Request in New York

If your ex asks the court to lower child support or lower spousal support, you have the right to fight back. Here’s what the process typically looks like in New York:

1. Get the Court Notice

You will be officially served with papers explaining your ex’s request. This is your chance to prepare a response, and it is important not to ignore it.

2. Understand Their Claims

Read through your ex’s reasons for asking to lower child support or spousal support. Knowing their arguments helps you and your attorney plan how to respond.

3. Gather Your Evidence

The judge will not rely on opinions. You need documents that clearly show why lowering child support or spousal support would be unfair, such as:

• Pay stubs, tax returns, or bank statements that reveal your ex’s real income.
• Proof of your children’s ongoing expenses, including school costs, medical care, and activities.
• Evidence your ex could earn more if they voluntarily reduced hours or left a job.

4. File Your Response

With your attorney’s help, submit your official answer to the court. This ensures your side is on record and the judge has all the information needed to evaluate the case.

5. Attend the Hearing

Both you and your ex will present your evidence in front of the judge. Your attorney will argue why lowering child support or spousal support is not justified and why the current order should remain.

6. Wait for the Court’s Decision

The judge reviews the evidence from both sides and then makes a ruling. If you successfully contest your ex’s request, the support order will stay in place.

Working with an attorney ensures this information is presented in a clear and compelling way. The court wants facts, not assumptions, and a well-prepared response gives you the strongest chance of success.