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Father of Six Seeks Downward Modification of Child Support


In the matter of “Demetrius D. v. Loti T.”, reported in the New York Law Journal on January 27, 2011, a father sought a downward modification of his child support obligations. The lawsuit was brought in Clinton County, New York, before Family Court Judge Lawliss.

The father in this case was ordered to pay child support for his son, Isiah. At the time of the proceeding, the court was aware that the father was paying child support for three other children. Demetrius was a very active fellow! After the proceeding, in which Judge Lawliss ordered Demetrius to pay child support for Isiah, he was then forced to pay child support for another daughter and subsequently thereafter for another after born son.

Demetrius’s life was a mess! I assume he was not familiar with the concept of birth control.

Downward Modification Proceeding of Child Support for Isiah

Demetrius petitioned Judge Lawliss. He claimed that he had changed jobs and had received a reduction in his wages. He asked the court to reduce his child support obligations regarding his son Isiah.

There had been a ruling by a support magistrate. The support magistrate found that Demetrius voluntarily changed jobs and that the new job paid him less than the prior job. She found that Demetrius voluntarily engaged in sexual acts leading to his having an additional son and he was aware of the financial consequences of having more children. The support magistrate denied Demetrius application. Demetrius appealed this decision to Judge Lawliss in the Family Court of Clinton County.

Judge Lawliss ruled that Demetrius did not successfully prove he was entitled to a downward modification of child support. Judge Lawliss’s written opinion states that Demetrius did not show that the reduction in his wages was cause by actions other than his own decision to change jobs. Therefore, Demetrius’s objections to the support magistrate’s denial of his reduction of child support were without merit and Demetrius lost the case.

New York Fathers’ Rights

If you are a father and find yourself engaged in divorce proceedings or Family Court proceedings, we are the law firm to level the playing field. The law in New York is gender neutral concerning the rights and privileges of fathers and mothers. However, the reality of the practical application of this law in many courts is that fathers get the short end of the stick. Our job is to level this playing field.

We represent fathers concerning orders of protection, child custody, visitation with children, child support, spousal maintenance (alimony), as well as child abuse and child neglect proceedings brought on by Child Protective Services (CPS) and Administration for Children’s Services (ACS).

We also represent fathers regarding parental alienation issues. This is caused by one parent taking inappropriate action to create a negative relationship between the child or children and the other parent. Call us at 1-800-344-6431, 516-561-6645 or 718-350- 2802 for a free consultation.

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