A Queens modify child support attorney can help you with putting together the paperwork to show to the courts that there has been significant and continuing change in circumstances. This is the only way through which you can pursue a modification of existing child support.
Both parents across New York are responsible for supporting their children financially until the child achieves age 18. The parent who typically does not have primary custody, may be assessed child support payments. These child support payments may be handed down at the conclusion of your divorce case but changes can occur in your family life that might lead you to contact a modify child support attorney in Queens.
A modify child support lawyer in Queens will be able to tell you whether or not it appears that specific enough changes have occurred in your life that would warrant a modification of child support. There are only three different situations in which a New York court will award modification of child support orders. The first is whether there has been a change in either person's gross income by 15% or higher since the order was last adjusted, entered or modified.
A non-voluntary 15% drop in income, while the parent is currently seeking higher paying work can allow the parent who is affected to request a modification. If three years have elapsed after the order was last modified, adjusted or entered, either party is eligible to seek a modification either up or down and the court will review the income calculations that were used the last time the order was put into place. The third common reason under which you may pursue child support modification is due to a substantial change in circumstances.
If there have been major changes to the parents' income or the cost of raising the child, the court may evaluate that the child support order is no longer effective and needs to be raised or lowered. It is important to seek modification immediately if you believe that these circumstances apply in your case.
The court will not change the terms of your child support unless you take forward action by requesting modification. That means that the ball is in your court as the person who has experienced change in his or her income or life circumstances and you must prepare your evidence in a compelling fashion to show the court that a significant enough change has occurred to warrant their intervention.
Courts are typically hesitant about getting involved in these cases unless it can be shown that a significant issue has occurred that changes the situation entirely. The support of an experienced attorney is invaluable over the course of a case like this because you will need to get your questions answered and verify that all of your paperwork has been filed appropriately to give yourself peace of mind and assurance that the court is taking these issues seriously.
There's a lot on the line when you have experienced a major decrease in income and are still responsible for making child support payments. As soon as this income decrease or other life change has affected you, you need to share these concerns directly with your lawyer and verify that the paperwork is filed in a timely manner to protect your best interests.
Changing child support is not always easy, especially if you try to do it all on your own. However, the alteration of child support can give you some breathing room when your individual circumstances have changed such that you don’t feel the additional pressure of coming up with a child support payment you can’t afford.