I Got in a Car Accident and Can’t Pay Child Support

The experienced New York child support lawyers at Stephen Bilkis & Associates understand the challenges you may face meeting your obligations if you have been injured. In addition to focusing on your own care and medical needs, you also have to focus on the needs of your family such as child support. While you may continue to receive income from your employer from sick pay, vacation pay, and other paid time off, you may quickly find that your income stops or is significantly reduced because you are unable to return to work. This means that you are not able to pay child support or you are not able to pay the amount of child support you were ordered to pay. If you got in a car accident and can’t pay child support, we can help.

Standard for Modifying a Child Support Order in New York

In New York, a noncustodial parent can petition the court for a downward modification to the child support order. In fact, either parent can petition the court for an upward or downward modification. However, the court will approve a modification only if certain circumstances exist.

• Substantial change in circumstances: While there are many things that could amount to a “substantial change in circumstances,” evidence of a severe injury that results in the parent not being to work and earn an income would amount to a substantial change in circumstances. To discuss the specifics of your injury and how it impacts your ability to work, contact an experienced New York child support lawyer.
• Three years have passed: Under New York law, if three years have passed after the order was issued, either parent can request that the court recalculate the child support based on what each parent is currently earning. This can result in the child support obligation increasing, decreasing, or staying the same.
• Change in income by at least 15%: As experienced child support lawyer in New York will explain, either parent can ask for a change, up or down, in the child support obligation if there has been a change in the income by at least 15%. For example, if as a result of an accident the paying parent’s income decreased from $10,000 per month to about $2000 per month, then the court would order a downward modification. in the child support obligation.

Other Considerations

When it comes to requesting a downward modification in child support because you got in a car accident and can’t pay child support, there are things to consider. For example, while your income from working may decrease, you may receive disability payments. Depending on the nature of the disability payments, they may still be considered income for purposes of child support and may be garnished to pay child support.

In addition, if your injury is temporary, when you are able to work again, the amount of your child support obligation will increase to an amount based on your earnings. Further, if during your recovery you ended up falling behind in your payments, you will be required to pay the arrearage.

Finally, if you are not able to work due to being injured in an accident, you may entitled to compensation from the party whose negligence caused your injury. At Stephen Bilkis & Associates, not only can we help you petition the court for a downward modification in your child support obligation, we can also help you pursue compensation for injuries.

Contact Stephen Bilkis & Associates

If you were injured in an accident and no longer have the income to pay the ordered child support, the experienced child support lawyers serving New York at Stephen Bilkis & Associates can help. We have years of experience representing clients in child custody and support matters, including urgent child support modification cases. Note that if you fall behind in child support even if it’s due to an injury, the other parent can pursue enforcement actions. Call us today at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.

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