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Can a Person Adjust Child Support Payments?
Generally, it is the responsibility of the non-custodial parent to make child support payments to the custodial parent and is either pursuant to a judicially recognized stipulation between the parties or by court order after a hearing or trial.
Child support may include unreimbursed medical costs and education for the children in common and may be established as a part of a divorce action, or if the parents were never married, in a support proceeding in Family Court.
Life rarely remains the same, so you cannot expect the child support order you initially received to continue to work for your situation. There are several factors in determining child support and in part, include the noncustodial parent’s income, the number of children in need of support, and the custody arrangement, if any.
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Factors for Child Support Modification in New York
Child support is subject to either an upward or a downward modification. The New York Domestic Relations Law § 236 B and Family Court Act § 451 provides the right to seek a modification of a child support order if:
(i) there is or has been a substantial change in circumstances; or
(ii) that three years have passed since the order was entered, last modified or adjusted; or
(iii) there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted.
Of course, there are several factors that need to be examined in conjunction with the above, such as if the parties have added language regarding a re-calculation of child support or have opted out of any of the above requirements in a validly executed agreement or stipulation.
Discuss Your Child Support Modification with Us Today
Whether you are the custodial or non-custodial parent and you feel that you are eligible for a modification in your child support, contact our office immediately. Any application for a modification of child support will be limited to the date of your request. It is crucial to act fast and reach out to the team at the Montefusco Law Group. to secure the exceptional legal guidance you need to effectively navigate this complex legal process.
Our team has been assisting clients through some of the most delicate and complicated family law issues since 2001 and would be honored to do the same for you.
Get started on your case today and contact us at (631) 801-0007 to schedule a free initial consultation with a member of our team.