Child support is a Court-ordered payment that one parent must make to another. Custodial parents often depend on this payment to help them take care of their child/ren and provide for their needs. What happens, though, when a noncustodial parent can no longer afford to meet their existing child support obligations? Can they suddenly reduce their payments? Alternatively, what happens when a noncustodial parent suddenly experiences a significant increase in income? Can the custodial parent then seek additional child support?
When dealing with such a complex situation, it can be helpful to consult an experienced child support attorney. A Rochester child support modification lawyer from The Colwell Law Group, LLC may be able to help you find answers to your questions and guide you through the legal process toward a satisfactory resolution.
Parents should support their child/ren financially regardless of whether the parents are married, live together, have separated, or were never married. Child support is a Court-ordered payment system that mandates that one parent pay financial support to the other parent to help them raise the child/ren.
The State of New York determines child support payments based on the number of children and the parents’ incomes. In addition to basic needs, such as housing, clothing, childcare costs, and food, child support obligations can include money to pay for or contribute toward medical costs, health insurance, and education costs, which might include private school tuition or religious school expenses.
When a Court issues a child support Order, that Order is binding on both parents. The parent who is under the obligation to pay cannot suddenly reduce their payments—if they do, they risk being found in contempt of Court. If you wish to modify the terms of a child support Order, you should consult a knowledgeable Rochester attorney for guidance.
To obtain a modification of an existing child support agreement, you must file a petition with the Court. A custodial parent can seek an increase in support, or a noncustodial parent can seek a decrease in their payment obligations. Typically, parents have the right to seek a modification if the support Order has been in place for at least three (3) years, and they can demonstrate a substantial change in circumstances. However, if one or both parents’ incomes have drastically changed, a Court might consider an earlier modification. A Court will generally grant a modification only if the parent can show it is in the child/ren’s best interests.
Some of the most common examples of substantial changes in circumstances are:
An experienced Rochester attorney may help by carefully searching for evidence to build a solid claim for a modification of the existing support Order.
Both parents should contribute to the upkeep of their child/ren. If you believe your existing child support arrangement no longer works for your family, speak to a Rochester child support modification lawyer. Our seasoned legal team may be able to help defend your rights and protect your family.
For quality guidance, arrange a complimentary consultation today.
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