Child Support Modification
Child Support Modification on Staten Island, New York
Parent responsibilities for a child do not end when the couple gets divorced, separated, or when the child turns 18. The need to financially support a child can last well into their adult years and sometimes even indefinitely. If you are a parent who is paying child support, you may be required to do so until the child turns 21. In some cases, you may even be responsible for supporting a child into their adulthood if they are unable to support themselves.
Child support modification is a process by which a parent can request a change to the amount of child support they are required to pay. When a family court judge in Staten Island, New York, orders child support, that support amount is usually based on the income of both parents at the time of the initial order.
If there is a significant change in either parent’s income, the non-custodial parent may petition the court to modify child support orders. The custodial parent can also petition the court for a modification, although this is less common.
In order to petition the court for a child support modification, the parent must show that there has been a significant change in circumstances since the original child support order was issued. The most common reasons for seeking a modification are changes in income, but other changes can also be grounds for modification. These can include changes in child custody arrangements, the needs of the child, or the parenting schedule. Child support obligations can also be modified if the child becomes emancipated or reaches the age of majority.
If you are seeking a child support modification, it is important to have an experienced Staten Island, New York family law attorney on your side. The attorneys at the Soren Law Group have extensive experience handling child support modifications and can help you navigate the process.
Frequently Asked Questions
If you need to modify your child support agreement, you will need to file a petition for child support modification with the courts. The court will then review your petition and make a determination on whether or not to modify the child support agreement.
If your ex-spouse does not agree to the modification, you will need to file a petition with the court and have a hearing. The court will then make a determination on whether or not to modify the child support agreement.
If you are struggling to make your child support payments, you should contact your child support office to discuss your options. You may be able to modify your child support agreement or set up a child support payment plan.
A modification to the support order will take effect as of the day your court modification petition is submitted, not before. However, the process of having a judge review and sign your modification order may take several weeks or months.
If you fail to make your child support payments, you may be subject to enforcement action. This could include wage garnishment, seizure of assets, or contempt of court. Jail and prison time are also possible penalties for failing to pay child support.
Once three years have passed since the order was first entered, last changed, or altered, any parent may file for a modification request, and the court has the power to recalculate the Basic Child Support amount by taking into account the parties’ current income.
Staten Island's Most Trusted Child Support Lawyers
No one’s financial situation stays the same forever. If you are paying or receiving child support and your circumstances have changed, you may be able to modify your current child support order. The Staten Island child support modification lawyers at Soren Law Group can help you understand the process and fight for the best possible outcome for you and your family.
From custody, visitation, and support to grandparents’ visitation rights and more, the family law attorneys at Soren Law Group have the experience and compassion to help you with any family law issue you may be facing. As a family law firm, we understand the importance of protecting your family’s financial stability. We will work diligently to get you the child support modification you need to ensure that your family can maintain its current lifestyle. Call us today at 718-815-4500 for a consultation with one of our Staten Island family law attorneys.
Child Support Order Modification Process
The process for modification of a child support order in Staten Island, New York, begins with filing a petition with the court. The petition must state the reason for seeking the modification and provide supporting documentations. Once the petition is filed, the other parent will be served with notice of the proceedings.
If the other parent does not agree to the modification, the matter will go to a court hearing. At the hearing, both sides will present evidence and argue their case. The mother and father will also have an opportunity to testify. After considering the evidence, the court will determine whether to modify support order.
Various situations could have changed, necessitating a modification in child support payments, such as:
- One parent lost their job. Unemployment and job loss are the most common reasons for seeking a modification of child support.
- Increase and decrease in each parent’s income.
- Birth of a new child from a new relationship. The cost of living adjustment may not be significant enough to warrant a modification in child support, but if there is a new child in the picture, this may change things.
- The needs of the child change (for example, the child develops a medical condition that requires expensive treatment)
- The custody arrangement changes (for example, the custodial parent gets remarried and the new spouse starts contributing to the child’s support)
A parent’s duty to pay child support is also suspended if she/he is incarcerated or institutionalized in a mental health facility for longer than 90 days. Parents who are behind on their child support payments may also have their driver’s license, professional license, or passport suspended.
It is important to note that a child support modification is not retroactive. The modification will only apply to payments made after the date of the modification order. If you are behind on child support payments, the arrears will still need to be paid.
The office of child support enforcement is a state-run program that helps custodial parents collect child support from non-custodial parents. If you are owed child support and the non-custodial parent is not paying, you can contact the office of child support enforcement to help you collect the support that is owed to you.
If you have any questions about child support modification in Staten Island, New York, don’t hesitate to get in touch with the Soren Law Group for more information.
How Soren Law Group Can Help
The Soren Law Group is a Staten Island, New York family law firm with over 20 years of experience. We have helped countless families through the child support modification process and are here to help you.
Review Your Situation
The first step is to review your situation and determine if you are eligible for a child support modification. We will look at the original child support order and compare it to your current circumstances. We will move forward with the process if we believe you have grounds for a modification.
In order to petition the court for a child support modification, you will need to provide documentation of the change in circumstances. This can include pay stubs, tax returns, and other financial documents. We will work with you to gather the necessary documentation.
File the Petition
Once we have gathered all of the necessary documentation and paperwork, we will file a petition for child support modification with the court. This starts the legal process and puts the other parent on notice that you are seeking a modification.
Attend a Hearing
After the petition is filed, there will be a hearing where both parents can present their cases. We will be there to represent you and argue for the child support modification you deserve. Court hearings can be complex, but we will be there to guide you through the process.
Get the Results You Deserve
If the court grants your child support modification, we will make sure that the other parent complies with the new court order. If the other parent does not comply with the child support modification, we can help you enforce the order. We will also help you modify your current custody agreement if necessary.
Speak with an Experienced Lawyer Today
Our law firm understands that life doesn’t always go as planned. When something unexpected happens, and you need to modify your child support agreement, our team can help. You need an attorney who will stand up for you and your children – someone who knows the law inside out and won’t back down from a challenge. That’s what you’ll find at Soren Law Group. A child support obligation is a serious matter, and we will treat your case with the care and attention it deserves.
We’re passionate about helping families and want to help you too. You deserve the peace of mind that comes with knowing your family is taken care of. Let us handle your legal needs so you can focus on what’s important – your loved ones. We’ll work diligently to get you the best possible outcome for you and your children. Schedule a consultation with one of our experienced family law attorneys with a focus on child support modifications today!