Tag Archives: child support

Increase or Reduction in Child Support in New York

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Increase or Reduction in Child Support in NY

Child Support Modification is generally requested for two primary reasons;

1. A significant change in Financial Circumstance.

2. A change in the child’s living arrangements.
In New York State, if the prior order is more than 3 years old or the non-custodial parent shows more than a 15% increase in salary, there is an automatic review…

A request to increase support due to significant change in financial circumstance  is usually initiated by the custodial parent if the non-custodial parent gets a higher paying job, promoted or comes into a sum of money through inheritance or winnings.  Another reason a custodial parent may seek to increase support is if there was a significant increase in the child’s expenses. These could include things such as uncovered medical or dental expenses, child care, or educations expenses.

A request to decrease the amount of child support due to a significant change in financial circumstances is usually initiated by the non-custodial parent due to a job loss, illness, or other major change in financial circumstance.  It should be stressed that voluntarily quitting a job cannot be used to justify a downward modification. Also, a temporary loss of employment will usually not justify a reduction in support. The court will require proof of  search for employment in these cases. Generally speaking, a court is not inclined to reduce a child’s standard of living except in extreme circumstances.

Another note on requesting a reduction- Do not rely on a verbal agreement for  reduction in support. If you and your child’s other parent have a falling out at a later date, they can request that all child support under the written order be paid and the court must uphold that order. There are several legal ramifications to you for not paying child support in New York State. A non-custodial parent who falls behind in payments also risks having his or her driver’s license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted. If the non-custodial parent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed  for up to six months for contempt of court.

A change is the child’s living arrangements may also justify a modification to the original support order. If the child begins to live with the non-custodial parent on a increased, long-term basis; it may result an increased cost of living for that parent, and a modification may be justified. It is so important to get good legal advice by licensed attorney in your state when dealing with support issues. The outcome of the order will have long-term effects on the entire family for your child’s lifetime.

If you live in the Upstate NY area, please feel free to Contact us with any questions you may have about your child support case by using the above link or calling our office at 315-701-2939.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

What Happens When a Party Fails to Pay Child Support?

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When a party fails to pay child support in New York, the custodial parent may file a “violation petition” asking the court to take action against a non-custodial parent who fails to pay a support order…

A hearing is then held to decide whether the respondent has violated the court’s order. The Support Magistrate may enforce the order by directing Support Collect Unit to take the payments directly from the non-custodial parent’s paycheck, order the non-custodial parent to pay a lump sum toward back monies owed, or take other steps to collect the money owed. A non-custodial parent who falls behind in payments also risks having his or her driver’s license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted. If the non-custodial parent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed  for up to six months for contempt of court.
If you believe you may have a case regarding child support in Central New York, either as a custodial or non-custodial parent, please give us a call or contact us via our website. Our trial experienced Family Law attorneys at Weisberg & Zukher will take the time to talk with you to ensure that you understand all of the factors involved in a parties failure to pay child support, and work with you individually to prepare a sound legal strategy to ensure the best result possible in your child support case.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

Child Support Calculated

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 How is child support calculated?

When parents live separately and one parent has custody of the child, that parent, called the “custodial parent,” may file a petition in Family Court asking the court to enter an order for the “non-custodial parent” to pay child support. A child who is not emancipated and is living away from both parents may also file a petition against his or her parents asking for an order of support to be paid to the child.

Every parent has the duty to provide his or her children with the basic necessities of life, including food, clothing and shelter. This duty usually terminates when the child in emancipated, when the child graduates from high school, when the child enters the military, or when the child marries, but the support obligation can extend beyond that point if the child is unable to support him or herself. In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be “emancipated” and the parents’ support obligation ends.

New York State has developed guidelines that help establish the amount of child support that must be paid. The guidelines are based on the parents’ incomes, expenses and the needs of the children. The guidelines calculate the child support amount as a percentage of the paying parent’s income that increases as the number of children being supported rises. However, judges may deviate from the guidelines when, for example, one party or a child has higher than average expenses. If the court determines that the paying parent is voluntarily earning less than he or she could, the judge can calculate the amount of child support based on what the payer is capable of earning.

The general factors considered by the court in issuing child support orders, include:
• The child’s standard of living before the parents’ separation or divorce;
• The paying parent’s ability to pay;
• The custodial parent’s needs and income;
• The needs of the child or children, including educational costs, daycare expenses and medical
expenses (health insurance or special health care needs).

Child support is a complicated issue. It is highly recommended that you seek the advice of a qualified attorney in your state. If you live in NY State and have additional questions about your support case, please CONTACT OUR OFFICE via our website, or give us a call at 315-701-2939. Weisberg & Zukher has been serving clients in Family Law related matters for almost 40 years. We always welcome your call. Please see related articles:

What happens if a party does not pay a child support order?

How do I get a reduction or increase in child support?

What is the Divorce Process like?

What is involved in a family court order of protection?