Obtaining a child support modification in New York is possible
New York has guidelines that govern the amount of child support a person must pay based on the parents' income, the needs of the child and other relevant factors.
May 08, 2013
Obtaining a child support modification in New York is possibleArticle provided by DeRoberts Law Firm
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A large part of many unmarried and divorced people's expenses is child support. In uncertain economic times it is easy to become overwhelmed with bills and a change of circumstances may make previously affordable child support payments unmanageable.
New York has guidelines that govern the amount of child support a person must pay based on the parents' income, the needs of the child and other relevant factors. But life is not static. A job change or job loss may severely influence a parent's income. Medical bills may become a factor in the life of a parent or child. One parent may lose a home to foreclosure.
A judge may consider any number of factors when deciding whether to modify a child support order. Downward and upward modification of child support can be difficult to prove in court; however, a court may grant a modification if, for example:
-The parties agree to modify the order; or
-One of the parties to the child support agreement has had an income change of 15 percent or greater
In addition, any unpaid child support owed based on a previous court order cannot be reduced or forgiven by the court, but only by the parties involved. Finally, according to New York state statute, a court will not grant a reduction in child support unless the job loss or job change "was involuntary and the party has made diligent attempts to secure employment commensurate with his or her education, ability, and experience."
Establishing the need for modification
New York family law courts will require documentation that a modification of child support is appropriate. For example, if three years have passed since the original order, the parent seeking to modify the child support order should bring income statements for both the time at which the original order was issued and his or her most recent income statements. If one parent has lost a job, he or she should get a statement from the former employer.
If one parent is seeking an increase in child support because of a child's medical expenses, the court will require evidence of medical bills.
In addition, New York reviews child support orders every two years to adjust for cost-of-living increases. If the cost of living of one parent has increased by more than 10 percent then the state's child support agency may automatically increase the child support order.
Contact a family law attorney
Falling behind on child support payments can bring serious consequences to both custodial and non-custodial parents. People in New York who need a child support modification should contact an experienced family law attorney to discuss their potential options.