New York Modify Child Support
A New York modify child support attorney can help you if you believe that you need to increase or decrease child support based on your individual circumstances. There are particular rules that must be applied in determining whether or not you are eligible to modify child support. When you want your child support payments to go down, you might need a lawyer to help.
If you want to change things that are already outlined in a court order, you must be able to show good reason for bringing this matter to the court’s attention. Many courts have full dockets and do not want to see time wasted addressing unnecessary issues.
A modify child support attorney in New York can tell you more about whether or not your case meets the grounds and how to pursue this. A modify child support lawyer in New York should have experience in filing this paperwork more and gathering the relevant evidence to indicate that you have a strong case for increasing or decreasing child support. It is very difficult for anyone in this situation to handle a case like this on your own as the outcome could be significant for your financial future as well as your family.
You need to have an attorney who is thoroughly experienced in this field and one who is prepared in full to protect your interests as much as possible. The modification of child support can be over whelming and confusing for someone who has never handled it before and mistakes are therefore much more likely. The modification of child support is something that you can only pursue after a certain period of time and when there have been serious changes in your individual circumstances. The family or Supreme Court typically orders child support until a child reaches 18 years of age.
Sometimes a parent may file a change asking for a modification proceeding to end this. Knowing that you have a lawyer who can help guide you through the process is extremely important. There are three circumstances under which the court may modify an existing child support order. The first of these is a substantial change in circumstances such as a change to the parent's income or a change to the cost to raise the child. The court can modify it to make it higher or lower. The second most common situation to pursue a modification of child support is that three years have lapsed since the last order was adjusted or modified. Either parent can seek a modification downward or upward and the court has the authority to review the income calculations that were originally used to establish the basic child support obligation.
The third situation is a case in which there has been an involuntary change in either parties' gross income by 15% or higher since the order was last modified, entered or adjusted. If a 15% decrease in income has involuntarily been applied to either parent, that parent can then seek a modification of child support.
A stipulation of settlement can also allow these circumstances to be waived if the circumstances of a family change significantly or someone loses their job. It is important to explore the modification terms as soon as possible. The state that issued the original child support order has jurisdiction over the order through the Uniform Inter-State Family Support Act.
If either parent has had absolutely no contact with New York, the order cannot be enforced through New York courts. With so many complex factors often involved in the modification of a child support it is in the best interests of either parent to consult with an experienced family lawyer to figure out what circumstances apply and how to proceed.