When a New York family law judge orders child support, they do so based on each parent’s financial circumstances and the child’s best interests and needs. This court order is legally enforceable, and the paying parent must follow it. However, life changes, circumstances change, and a few years after the initial child support order, you may find that your financial picture is different and the order unsustainable.
Whether you are the paying parent and need to modify a child support order due to job loss or a change in your employability, or you’re the receiving parent and need an increase in child support due to your financial situation changing, a New York, NY, modifying child support lawyer can help. At the Law Office of Daniel Clement, we work with parents to help ensure their children’s needs are met and they receive adequate support to thrive. Contact us today for a consultation.
New York family law courts determine child support based on a percentage of the non-custodial parent’s total income (income from all sources, including a full-time job and any “side gigs”). The amount remains the same unless the paying parent petitions the court to modify it. This is only granted if there is a substantial change in their financial circumstances from the time the initial order was issued.
The custodial parent may also petition for an increase in child support, but again, the petitioning parent must prove that their circumstances have substantially changed.
The petitioning parent must prove to the court that their circumstances have substantially changed. Furthermore, at least three years must have passed between the initial support order and the petition, or there must have been at least a 15% change in either parent’s income since the judge issued the initial child support order.
The rules of evidence for proving a change in circumstance can be narrow. A skilled child support lawyer can help you build a case supporting your position and present it before a NY family court.
For a NY family law court to agree that there has been a substantial change in circumstances, the petitioning parent must show that there was an unforeseen change in their circumstances, the child’s needs are not being met under the existing order, or the initial order was unfair. New York courts have a high standard for proof of changed circumstances; we can help you gather the appropriate documentation and other evidence to support your petition.
Do you need help modifying a legal child support order? Finances and employment can be unpredictable, and New York family law judges consider this when modifying an existing court order. However, you must present a solid case to support your petition. We can help you. Contact the Law Office of Daniel Clement today to speak with a skilled New York child support modification lawyer.
When facing significant life changes that affect child support obligations in New York, understanding the process of modifying child support is crucial. A knowledgeable New York, NY, modifying child support lawyer can guide you through filing the appropriate petition with a New York family law court to address the change in your financial situation and build a strong case, with plenty of evidence, to support your position.
We’re on your side. Call the Law Office of Daniel Clement to ensure your rights are protected and to advocate for a fair resolution.
In New York, child support orders are based on the parents’ financial circumstances at the time of the initial order. However, life is unpredictable, and circumstances can change significantly over time. Some common scenarios that may qualify as a substantial change in circumstances include:
To modify child support, you must file a petition with the court that issued the original child support order. This petition should outline the reasons for the requested modification and provide evidence supporting your claim of substantial change in circumstances.
Your New York modifying child support lawyer can help gather the necessary documentation to support your petition, such as income statements, tax returns, medical bills, and proof of any changes in custody or visitation.
In some cases, parties may be able to reach an agreement on modified child support through negotiation or mediation. If an agreement cannot be reached, the court will schedule a hearing where both parties can present evidence and arguments. The court will consider all relevant factors, including the best interests of the child, before making a decision.
The legal process of modifying child support in New York can be complex and overwhelming, especially during times of significant life changes. Here’s how a child support lawyer can help:
If you believe there has been a substantial change in circumstances that warrants a modification of child support in New York, consulting with an experienced NYC family law attorney is essential. Take proactive steps to protect your child’s financial well-being by scheduling a consultation with the Law Office of Daniel Clement today.
Very knowledgeable. Daniel made things much easier in my custody case. He helped me to prepare and with his recommendation we avoided going thru the pain of a trial.
Thanks a lot Daniel!
– Felipe R.
112 Madison Ave Suite 800
New York, NY 10016
“Daniel is a highly skilled professional whose experience and emotional support were key enable me navigate and successfully go through what can be a challenging and stressful process at times. I am very grateful for his prompt responsiveness always, his commitment to protecting my interests and efficiency at getting my divorce finalized. I definitely recommend.”
Thomas Sczyrba
Daniel Clement graduated from Brooklyn Law School and the State University of New York at Albany. With over 35 years of experience, he has been a member of the New York City Bar Association and the Matrimonial Committee. In addition, he has worked as an Arbitrator in the Small Claims Court of the City of New York.
Known for his straightforward yet savvy approach to law, he specializes in multiple areas of family law including divorce, how to protect assets in a divorce, child custody, prenuptial agreements, property division, maintenance/alimony, and high net worth divorce. Clients hire Daniel for the personal attention, hard work, street smarts, and excellent value he brings to each case.
An accomplished attorney, Daniel also lectures and writes for various publications, including a blog entitled the “New York Divorce Report” and has co-authored the book, “Onward and Upward: Guide to Getting Through New York Divorce and Family Law.”