If you are a divorced parent in New York, you may have a child support order in place. However, life changes can occur, and the child support order may no longer work for you and your children.
Whether you are the parent receiving or paying child support, you have the right to request a modification of the child support order. Here’s what to know.
Reasons For Modifying Child Support Orders
There are several reasons why a child support order may need to be modified. Some of the most common reasons include:
Changes in income. If the paying parent’s income has significantly decreased or the receiving parent’s income has significantly increased, lowering the amount of child support being paid may be necessary. This could be due to a job loss, medical condition, or other life changes affecting their income.
Changes in custody arrangements. If the custody arrangement has changed, such as one parent receiving sole custody or the children spending more time with one parent, the child support order should be reviewed and possibly modified.
Changes in the child’s needs. If the child’s needs have changed, such as a medical condition or special education needs, the child support order may need to be modified to reflect the additional expenses.
Filing A Motion For Modification Of Child Support In New York
To request a modification of the child support order in New York, you need to file a motion with the court. After the motion is filed, a hearing will be scheduled. Both parents will have the opportunity to present their case to the court. The court will consider all of the evidence presented and make a decision regarding the modification of the child support order.
Preparing For A Child Support Modification Hearing
Preparing for a child support modification hearing can be stressful and overwhelming. You will need to gather evidence to support your case, such as income and expense information, documentation of any changes in custody or the child’s needs, and any other relevant records
The court may ask you questions about your financial situation and the changes that have occurred since the original child support order was established. It’s crucial that you be prepared to answer these questions..
Call experienced Brooklyn divorce lawyer Mary Katherine Brown today at (718) 878-6886 for more information about modifying child support after your divorce is finalized or to book your initial consultation appointment to discuss your case.
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