Downward Modification to Child Support Due to Injury

If you are injured in an accident, your ability to work and earn an income may be impacted. If the injury is serious, you may not be able to work for several weeks or months. If your injuries are permanent, you may not ever be able to earn the same amount that you did prior to your injury. For parents, this means that there is less money available for rent or mortgage, for food, for childcare, for tuition, for clothing, and for healthcare. You have to adjust. However, if you have been ordered to pay child support, you can’t adjust by simply paying less child support. You must formally request a downward modification to child support due to injury. If you have been seriously injured in an accident and can no longer afford to keep up with your pay child support payments, contact an experienced New York child support lawyer at Stephen Bilkis & Associates. With years of experience in matters related to child support, we are here to help.

In New York, child support is determined by a formula. Factors that go into the determination include the income of the parent and the number of unemancipated children of the relationship. For example, if there is one child, the noncustodial parent would be ordered to pay 17% of income before deductions, while if there are two children, the noncustodial parent would be required to pay 25% of income. The higher the income of the parent, the higher the ordered children support.

Note that when child support is determined, it is an order of the court which must be followed. Just like with any other court order, failing to follow an order to pay child support can have serious repercussions.

When child support is ordered, the amount is based on information known to the court at the time of the order such as the amount of income the noncustodial parent is receiving. If there are changes to circumstances, the amount of child support required can be modified. However, it can only be modified through the court. It may seem counterintuitive, but you cannot stop paying child support or pay less child support simply because you no longer have the means to make the ordered payments. An experienced New York child support lawyer can explain, the potential consequences of failing to pay child support, even if you have a legitimate reason not to, are significant.

The most common reason that a noncustodial parent would want a downward modification in child support is due to a decrease income. For example, losing a job or getting injured would result in a decrease income. In order for child support payments to be modified downward, the petitioner must show 2 things.

• A substantial change in circumstances.
• At least a 15% decrease in the paying parent’s income since the original order was issued.

If you are in a car accident, workplace accident, or other such accident and are severely injured such that you are unable to work for a period, your income may suffer. You may be unable to work for weeks or months, or you may never be able to work again. If as a result of the accident your income decreases at least a 15%, you would be eligible for a downward modification in child support. Contact an experienced child support attorney serving New York to help you get the process started. Note that if you recover from your accident sufficiently enough to resume working, your support obligation may go back to the pre-accident level. In addition, if you accumulated an arrearage, you will be liable to pay that.

If you were injured in an accident and are no longer have the means to pay your ordered child support, you may be eligible for a downward modification of child support due to an injury. The experienced child support attorneys 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. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your downward modification to child support case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.