As child support attorneys in NY, we know that sometimes, there may be changes in financial circumstances that may call for a modification of the youngster sustain order. For instance, the parent may lose his job, may suffer a disability, and may have suffered huge losses in business that make it difficult for him to continue making child support payments. Children need surgeries or special tutoring. You already know that anything can happen in life. New York law provides for changing circumstances, but the parent whose circumstances have changed must initiate the legal action. For example, if you are the non-custodial parent and you are laid off from your job, you can’t just stop paying child support – if you do, you could conceivably go to jail. What you must do is petition the court to modify your current child support order.

Similarly, the custodial parent may have a change in his or her financial circumstances that call for an increase in the child support payments. There may be an increase in the cost of childcare, like increase in daycare costs, increase in healthcare costs, and education costs that may call for an increase in payments.

Either parent can ask a New York family lawyer to change the youngster sustain order. For this, you must file a petition with the court based upon a change in your circumstances. Remember, you may also wish to apply for child support modification if there has been a change in your partner’s income.

A modification cannot be implemented soon after the order was passed. You may have to wait a minimum of three years after the order was issued in the case of orders that were passed on or after October 2 13 2010. Speak to a New York family lawyer for help.

If you need a youngster sustain order modified, and if it’s possible, try to work out an agreement with your ex-spouse first; the courts are much more likely to grant a modification if it won’t be disputed, but the court is not a rubber stamp, either. New York courts will always place the best interests of the child above all other considerations.If you anticipate a dispute regarding child support during or after a divorce; if you need to have a child support order modified; or if you are not receiving the child support payments that have been ordered by the court, get legal help immediately.

When a child support order is issued by a New York court, a great deal of consideration has gone into it, and the court isn’t going to change that order quickly or easily. However, eventually, the financial circumstances of one or both parents will probably change, and a modification of the youngster sustain order will probably be appropriate. If circumstances have changed and you need to pay less child in child support – or if you need to receive more – speak at once with an experienced Peekskill family law attorney. Obtaining a post-judgment modification of child support isn’t necessarily easy, but a good child support attorney routinely helps parents with such requests and knows what it takes to obtain the modification you need.

By: Kimberly Pelesz

Family law and criminal defense attorney Kimberly A. Pelesz received a B.S. degree magna cum laude and an M.P.A. degree summa cum laude from Binghamton University. She earned her J.D. from Pace University School of Law in White Plains, where she was selected for Phi Alpha Delta. Her charitable activities include work with My Sisters’ Place in White Plains and the Westchester County District Attorney’s Humane Education Taskforce.

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