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The question of whether a parent can go back to court and readjust child support and get a higher award is something that I encounter on a daily basis. The simple answer is it’s not likely. If one parent makes a voluntary decision to accept a different job that results in a lower salary it will be very difficult to establish that the other parent should pay more to compensate the parent who accepted, voluntarily, the lower job. When people enter into a child support agreement, they do so with the idea that the amount that is being agreed to is the amount of child support that one parent will pay to the other parent going forward. There are, of course, circumstances that come up where a parent may need to go back to court and request a different amount of child support but the idea that because one parent voluntarily accepted a lower paying job that in and of itself is not a basis to go back to court and request a higher child support amount.
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New York matrimonial attorney Evan Schein of Berkman Bottger Newman & Schein talks about whether or not the courts will let you get your child support payments lowered if you make a career move that results in lower take home pay.