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.
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