Changing a Child Support Order In New York
In today’s economy, one’s financial situation can be destroyed quite quickly. You can be downsized. You can be fired because your company has been taken over. If you make commissions, your commissions can be reduced due to economic circumstances that exist in your community. How do you deal with the reduction of your income when it relates to your current child support obligations? Should you have a change in your finances that is unforeseen, you may make an application either in the Family Court or in the Supreme Court for a reduction of your child support.
Stipulate to Reduction
The easiest way to reduce a child support order is to contact the mother of the child. Advise her of your financial circumstances and hope and pray that she will agree to a voluntary stipulation that downwardly modifies your child support obligation. Unfortunately, in most situations, this doesn’t happen! When love is gone, what she wants is your money!
A proceeding can be brought in the Family Court or Supreme Court for a downward modification of child support. In this proceeding you must show exactly what happened. You also must provide detailed evidence of your using due diligence to earn more money, find a job, find a higher paying job or supplement your income. This can involve an employment agency or job consultant. You can also go door to door and respond to “help wanted” signs.
There may be circumstances where your income has decreased down because of illness or disability. Your illness may be temporary or permanent.
Permanent Modifications for Child Support
The following is a list for permanent modifications of child support:
- A change in the child support laws. These laws tend to change periodically. If the law changes, you may be entitled to an upward or downward modification of your child support obligation based on the new statute.
- The child’s needs. The child’s needs can increase or decrease dramatically.
- You become disabled. Permanent disability, if proved, is a very important reason to get a permanent downward modification of your child support.
- You lose your job or your income takes a dramatic decrease. In the event there is a permanent downward modification of child support it will stay in effect, in the State of New York, until the child reaches the age of twenty-one (21) or is emancipated earlier.
Hurry Up and Get to the Court House
Existing child support obligations will remain in effect until they are changed by a court. The fact that you lose your job or become disabled doesn’t change your financial obligation!! Only court orders from either the Supreme Court or Family Court can change your obligations. The court order may be entered many months after you bring your initial proceeding. However, it will be retroactive to the date you start your proceeding.
If you have a child, you are obligated to support him or her. The amount you pay in support should be within reason. If it’s not, the best way to deal with this issue is to retain a law firm that has significant experience in dealing with child support issues.
The Law Office of Elliot S. Schlissel often focus’ on unusual and difficult cases. Our experience with complex family issues sets us apart from other firms that handle matrimonial law cases. We are members of the Matrimonial and Family Law committees of the Nassau County Bar Association, the Queens County Bar Association and the New York State Bar Association.
Serving Nassau County, Suffolk County, NYC, Queens, Long Island, Brooklyn, Staten Island, Bronx, Westchester County, New York
Contact us to discuss your case and our qualifications to represent you. Feel free to call toll free, any time, day or night, at 1-800-344-6431, or in Queens, Kings, New York City, Long Island, Brooklyn, Staten Island, Westchester County, Richmond and the Bronx at 718-350-2802. You can also reach us in Nassau County or Suffolk County at 516-561-6645. We welcome your inquires.
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