Long Island NY Child Support Modification Attorneys
Changes to Child Support
It is a common misconception that child support orders and agreements are set in stone. The payment amount can actually be increased or decreased if circumstances change after the agreement was made. If you are earning less money now and can no longer afford making child support payments, you may be able to decrease how much you pay. Also, if your ex is now earning more, you may be able to request further support for your children.
Child support issues are often toughest to deal with during or after a divorce. If you have problems with your child support agreement and need to make modifications, please contact an experienced Nassau County child support lawyer to better understand your options. The Law Offices of Paul A Boronow, PC can help.
When You May Need Child Support Modification
- You have taken another job as a result of being laid off or fired.
- Your child begins living with you full time.
- There has been a change in your child's medical or educational needs.
- Your child now has a full-time job and becomes emancipated.
There are some situations where a modification may not be possible. Examples include quitting your job, going from full-time to part-time, or voluntarily changing to a lower paying.
How Child Support Modification Works
Your ability to modify child support depends on whether or not the child support agreement meets the rules of the Child Support Standards Act (CSSA). Any modification of child support orders made before October 2010 will require you to show a change in circumstances and the needs of the child. Agreements made after October 2010 can be modified with a 15% change in your income or after 3 years of keeping up child support payments. Child support arrangements that do not meet CSSA are called “opt out agreements.” Any significant or unanticipated changes to your circumstances need to be shared with the court and proven.
Navigating the Chlid Support Process in Long Island
Here are a few tips to help you navigate the process of obtaining a child support modification:
- Do not wait. If you are unable to make a payment, you will still owe that payment later. Modifying the payment amount will not get rid of past due amounts. Request a modification to your child support agreement as soon as your circumstances change.
- Conduct some research. Look into what the law considers a substantial change in circumstances to warrant a child support modification. A Nassau County child support modification attorney can review your circumstances to help you understand your options.
- Communicate with your ex. The process of receiving a modification is much easier if you can come to an agreement with the other parent. One way you can reach an agreement with limited court interference is through a mediator. Speaking with a neutral third party is a great way to discuss your issues, especially if your relationship with your ex is strained.
- Continue to make those payments. Pay as much as you can. Even when you cannot make the full payment, try to avoid building up the amount you owe. The existing child support order will remain in effect until the court issues a new child support order. Failing to put forward your best effort to make payments will prove costly later.
- Gather evidence. Saying that you make less is not ample evidence for a modification. You will need to document your change in circumstances.
- File your request with the court. You will have to file your modification request with the court that issues the child support order. The court will then have to create a new child support order.
Getting the Help You Need from our Long Island Child Support Modification Lawyers
If you are about to fall behind on child support payments, do not wait to take appropriate action. There may be time to modify the agreement and save you money. A Long Island family law attorney can review your current financial status and help you agree on a new payment plan that matches your current situation. It is critical that you consult a child support attorney to ensure that the new agreement is valid and will not put you in a difficult situation later.
Contact Long Island family law attorneys at the Law Offices of Paul A. Boronow, PC at (516) 227-5353 to set up a free comprehensive case evaluation. We'll provide the information and insight you need to make the right decisions about your future.
Call us today at 516-227-5353 for a free consultation
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