How To Lower Child Support Payments

If you have been injured in an accident and cannot work, you are probably scared about how you are going to take care of yourself and your family. Your income may have decreased, but your expenses remain the same. This includes your obligation to pay child support. On top of that, you are in the process of recovering from your injuries. If you are fearful about missing child support payments, New York law allows for the downward modification of child support payments understand circumstances such as a significant change in income. If you have been injured in an accident and are wondering how to lower child support payments, contact an experienced New York child support lawyer at Stephen Bilkis & Associates. Not only can we help you petition the court for a downward modification in child support payments, we can also help you explore your legal options for compensation based on the injuries you received in the accident.

In New York, child support orders are considered final. This does mean that they can never be changed. It means that once the court set the amount of child support, it will only change it for a good reason.

The primary basis for a child support calculation is the paying parent’s income. The amount of child support is a percentage of that income. Thus, the court will only lower child support payments if there is a change in income. However, as an experienced New York child support lawyer will explain, even with a change in income, there are rules as to the circumstances under which the court will consider a downward or upward modification. Under the Family Court Act (“FCA”) there are three grounds for the court to modify a child support order. FCA §451(3)

• Substantial change in circumstances: A substantial change in circumstances is something that greatly impacts the paying parent’s income. For example, if there was a change to the paying parent’s health such as a severe illness or a severe injury, the court would likely grant a downward modification if as a result the parent could no longer earn the same level of income. FCA §451(3)(a)
• Three years have passed: Because income levels can change over time, the court will consider a petition to modify child support every 3 years. This will allow a recalculation based on the parties current income levels. The result might be a lowering of the child support payments, but it might result in them increasing.
• Change in income by at least 15%: As an experienced child support lawyer in New York will explain, if your income has decreased by at least 15%, you can petition the court to lower your child support payments. For example, you are a construction worker making $35/hour. Then you were in a serious car accident that resulted in a back injury and you unable to do construction work. Instead, you were able to find an office job making $20/hour.

As an experienced child support attorney in New York will explain, note that if you were injured in a vehicle accident, slip and fall, or other accident as result of another person’s negligence, consider your options for income during while you are recovering. You may be eligible for disability benefits. You may also be eligible to receive substantial compensation in a personal injury lawsuit including lost wages, payments for your medical bills, and pain and suffering.

If you were injured in an accident, we know that you are concerned about supporting your children. We can help you navigate the financial issues that accompany a serious injuries. There are options for hot to lower child support payments and receiving income. 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.