Child Support Modification Due to Injury

If you got hurt in a car accident, you will be worried about many things. Of course, you would be worried about your recovery. You will also be worried about how to manage your life during your recovery, including paying your bills. If you are a parent and have been ordered to pay child support, you may be concerned that as a result of the accident, you will not be able to stay current with your payments. You may be worried about making sure you meet your financial obligations of taking care of your child, as well as the legal ramifications of getting behind in child support. The experienced New York child support lawyers at Stephen Bilkis & Associates understand your concerns. We are here to help you petition the court to lower your child support payments and to help you receive compensation you may be entitled to as a result of your accident.

In New York, under the Family Court Act, there are three grounds for child support modification. While one of those three grounds is not specifically due to injury, a severe injury would likely qualify for a downward modification based on either a substantial change in circumstances or based on a decrease in income of at least 15%.

A severe injury may result in you being unable to work for a few days, a few weeks, a few months, or for an indefinite period. For example, if you are a construction worker and you suffer a broken leg in a car accident, depending on the severity of the fracture, you may not be able to work construction for 4-6 months. If you severely hurt your back in the car accident, you may never be able to work construction again or you may never be able to walk again.

You must file a petition at Family Court along with a financial documents. The required financial documents include pay stubs, tax returns, bank statements, etc. Since you will be asserting that you can’t work or your ability to work is limited due to an injury, you will also need medical proof of your injury.

Note that when it comes to proof of income, the court will look at income from all relevant sources. For example, you income from employer may be reduced, but you may still have disability income, investment income, unemployment benefits, retirement benefits, etc. To understand what Family Court considers when determining income, discuss your case with an experienced New York child support lawyer.

Ideally your injury will be temporary and you will be able to return to full capacity. When that happens, you will likely have to go back to paying a higher amount of child support. You will also be liable for any accumulated arrears.

If your injury was caused by an accident due to another person’s negligence, you may be entitled to compensation. In fact, if your injury was severe, you could end up with a significant settlement based on pain and suffering. However, note that if you have a child support arrears whether it was due to the accident or for another reason, the amount you owe may be garnished from your personal injury settlement. To discuss this issue and other issues related to child support modification due to injury, contact an experienced child support lawyer in New York.

If you were injured in an accident, we know that you are concerned about supporting your children and keeping up with child support. Call an experienced child support attorney serving New York at Stephen Bilkis & Associates 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.