Westchester County Child Support Modification Attorney
After a divorce, the court may modify an existing child support order, but only when there has been a considerable change of circumstances, and only when it is in a child’s best interests. These circumstances can include, for example, a change in income, a new job or unemployment, a serious injury or illness, a move, a marriage, or the birth of a new child. Courts know that lives change, and youngster assist orders are frequently modified; still, the court will always consider the child’s best interests above all other factors. When you work alongside an experienced Peekskill family law attorney at Kimberly Pelesz New York Law, LLC, we will help you have a child support order modified if it’s warranted. We can also help you fight a modification that is unwarranted or unfair. Every parent has a duty to contribute to the care of his or her children. At Kimberly Pelesz New York Law, LLC, when a support order modification is called for, we’ll work to help you obtain it. You’ll work with an experienced Westchester County child support modification attorney who has the skill and expertise to advocate effectively for you and your children.
THE CHILDREN’S BEST INTERESTS
In New York, child support is calculated according to a set of specified guidelines, yet the needs of every parent and child differ greatly. Over time, as circumstances change, the original child support agreement may also require change. At Kimberly Pelesz New York Law, LLC, our experienced Westchester County child support modification attorneys are committed to applying our clients’ needs to the legal guidelines in a way that will support the best possible outcome for their children. We represent and serve scores of New York parents by handling all legal matters related to child support disputes, modification of child support orders, and enforcement.
WHY YOU MAY NEED A MODIFICATION
A court order for child support is calculated based on the parents’ and child’s current situation, however things change. If either parent experienced a substantial change in circumstances or if the child’s needs have changed, a modification to the youngster assist order may be needed. However, this is not as easy as simply asking the judge for a modification or asking the supporting parent for more money. You will need the help of an experienced Westchester County child support modification attorney to petition the court for a modification. To demonstrate to the judge that the existing youngster assist order needs to be changed, you must prove:
- a substantial, change in either parent’s or the child’s circumstances has occurred
- a modification to the existing order would be in the child’s best interests
A substantial change is one that was not anticipated by the parent and one that has occurred since the original agreement was issued. New York courts do not hand out modifications easily. You will need to show that you are in need of a modification and if you are the supporting parent, you need to show you are not just trying to get out of paying child support. It’s important to remember that it is never in your best interest to just stop paying child support. If you can no longer afford the payments, you must always petition for a modification instead of ending payments, a move which could find you in serious trouble with the judge.
Remember, the supporting parent is not the only one who can file a petition to modify the payment. The receiving parent may also file a petition to modify the support order if he or she feels the amount needs to be increased. But, the same rules apply. The receiving parent must show that there has been a substantial change in circumstances that warrant an increase in youngster assist. Some reasons why parents seek to modify an existing support order include:
- One or both parents has experienced a substantial loss of income or have become unemployed
- One or both parents has experienced a substantial increase of income
- A child who is receiving support has turned 18 and should therefore no longer need support
- The child’s needs have changed
If a child’s needs change, a parent can request more child support from the supporting parent. For example, if the child is accepted into a very expensive private school that the custodial parent cannot afford without the help of more child support, this would be a change in the child’s needs. Or, if the child becomes ill and requires medical attention that is not provided for with the current arrangement, this would warrant a child support modification.
Remember, the parent who is asking for the modification has the burden of convincing the court it is necessary and in the best interests of the child. Some parents verbally agree to a modification of the order without going to court, but this is never recommended. Unless it is an official court order, it cannot be enforced by a judge. Even if both parents agree to the terms now, either one can back out at any time if it is not official. Go to the judge and present your new, agreed upon order for his or her official approval. This way, the court will be able to enforce the terms of the new agreement if the supporting parent falls behind on payments.
Whether you are the receiving or the supporting parent, if you are dealing with a child support modification issue, contact an experienced Westchester County child support modification attorney as soon as possible.
WE OFFER THE HELP YOU NEED
Contact Kimberly Pelesz New York Law, LLC promptly for a free initial consultation if you need a child support order modified or if you need to challenge a child support modification. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County child support modification attorney can help you, email us or call us promptly at (914) 402-4541.