Child support is an essential tool used to help provide for children whose parents are
no longer together. However, sometimes those payments become too restrictive
or are not adequate to provide for the child’s needs. When your
financial situation changes or your child’s needs increase, it may
be time for you to consider seeking a child support
modification to better suit your current circumstances. When the court orders child
support, those payments must be followed or the guilty party could face
serious consequences. However, if you’ve undergone a significant
financial change, you can petition the court for an adjustment to those
existing orders to better reflect the needs of the child and the means
of either parent.
If you need to modify your child support payments, find out more about
the modification process and discover what you need to do next:
About Child Support Modifications
Child support is a useful tool
family law courts use to ensure that divorced or separated parents both contribute
to their child’s wellbeing in a financial way until the child reaches
18 years of age. Usually, the parent who lives with and acts as primary
caretaker for the child will receive the child support payments on the
child’s behalf. These funds are to be used to provide the child
with an education, stable home, food, toys, and other essentials. However,
if the supporting parent is unable to meet the court-ordered payments
because of some financial hardship or significant change in circumstances,
the court may grant a modification to adjust those payments or to terminate
them altogether.
When is a Modification Warranted?
New York courts will grant child support modifications only when the circumstances
of the child or of either parent have changed significantly. Examples
of significant changes include:
- The medical or financial needs of the child have changed
- One parent becomes financially responsible for more children
- Either parent loses their job
- Either parent experiences a significant change in income
- Child custody or visitation has changed
- Either parent relocates
- Either parent faces a major health problem or disability
Usually, these changes occur if either parent remarries, begins a new job,
has another child, or experiences some type of financial hardship. Additionally,
if either parent becomes ill or develops some type of mental or physical
disability, their change in circumstances could warrant an adjustment
to their support payments. Any changes to the child’s medical needs
will also justify a court-ordered modification.
Your Next Step
If you or your co-parent has experienced any of the significant changes
listed above, you may be eligible to seek legally-binding child support
modification. After you’ve determined that you may have just cause
to request a modification, you need to contact your family law attorney
for help. Your child support attorney can file a request for a modification
with the court and work with you to develop a sound legal plan prior to
your court date. However, if the parents are able to come to an agreement
independently about a modification to the existing child support orders,
it could save you from additional time in court. In either situation,
your experienced family law attorney can assess your financial situation
and help determine how much you should be paying or receiving in child support.
Related Pages
Contact The Law Firm of Wayne F. Crowe, Jr., P.C.
today to discuss your family law case with our Bronx child support attorneys.