Modifying Child Support in New York State
Child support is designed to protect your children if you were financially dependent on your spouse. However, as your life changes, your financial situation may also change as well. This is why New York courts permit child support modifications under certain circumstances. Whether you are someone who is paying child support, or you are on the receiving end of child support, you may, for one reason or another, believe an updated set of child support terms is necessary. If you find yourself in this situation, please read on to learn more about the child support modification process. Here are some of the questions you may have:
How do courts determine child support in New York?
New York courts take each case individually, meaning they will analyze both you and your former spouse’s financial situation and other aspects of your life before determining your specific child support terms. While the ultimate goal is to protect your children, they also seek to establish the fairest agreement possible for both you and your former spouse. Some aspects of your life that the courts may examine before determining your child support are as follows:
- The number of children living in your household
- The age of your children
- The terms of your child custody agreement
- Whether your children have any special needs
- Whether your children will pursue higher education
- You and your former spouse’s yearly income
What scenarios would constitute a change in child support terms?
As stated earlier, life goes on, and New York courts understand that. Some situations that have warranted child support modifications in the past are as follows:
- A parent loses their job
- A parent receives a large sum of money, potentially through an inheritance or otherwise
- A parent secures a new, higher-paying job
- A parent remarries
- A parent loses his or her home
How do I get my child support modified in New York State?
While the easiest way to obtain a child support modification is to speak with your former spouse and come to an agreement on your own, this is rarely possible. This is why generally, to receive a modification in child support payments, a parent must prove that a significant, unforeseen, and continuing change in situation has arisen, and you will need either an increase or a decrease in child support payments to compensate. This is not always easy, so it is best you hire a knowledgeable attorney who is ready to help you get the financial support you and your child need.
Contact our experienced Nassau County firm
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