How Can I Modify a Child Support Order in New York?

If you pay child support but circumstances have changed since the child support order was made, you may be able to get the child support order changed. A modifications attorney in Queens, NY, explains.

One parent must file a petition with the court that gave the original child support order. The petition should give the reason for the request for modification and present evidence to support that reason. The judge will look over the petition and the evidence. They will then schedule a hearing, at which both parents will have an opportunity to present their side. The judge will then make a decision whether to modify the child support order or not. If they decide in favor of the request, the judge will then issue a new child support order.

What Are Legitimate Grounds for Modifying the Order?

A parent must show that their circumstances have changed in a major way since the child support order was first issued. This could be something like a parent’s loss of a job or a significant pay cut. It could be something positive, too, like a major raise in a parent’s income. It could mean a change in what the child needs, such as health needs or education needs.

What Kind of Evidence Do I Need to Modify a Child Support Order?

The evidence could be any official documentation of the change. For example, pay stubs or tax returns would show a change in income. A termination notice could be presented as proof of a job loss. If a child’s needs have changed, medical or educational records could be submitted to demonstrate what physical or other needs have developed or resolved since the child support order was put in place.

When Should You Request a Child Support Modification?

You should request that the order be modified as soon as you become aware of a major change, such as a change in your location due to a move, or a change in your income that might mean falling behind on child support payments. If you wait to file the request until some time after your circumstances change, it can be harder to prove that the modification request is justified.

When Should You Consult a Modifications Attorney in Queens, NY?

Consult an attorney sooner rather than later for help with modifying a child support order. A lawyer specializing in family law can help you make sure the petition is filed correctly and that you present adequate evidence to support the request. They can also help you negotiate directly with the other parent, if the other parent is willing to work out modifications directly. Then your proposed modifications would simply need to be submitted to the court for approval.

If you need help with getting a child support order changed, reach out to the Law Offices of Joseph H. Nivin in Queens, NY.

Tags: child support, child support lawyer, modification lawyer
Posted in Child Support, Family Law, Queens Legal Service | No Comments »