The child support payments that you may have to make, or you may be eligible for, may be based on youngster support guidelines in New York. A number of factors may be taken into account, including your income, your spouse’s income and the number of children to be paid for, and a number of other different factors.

However, in some cases, a judge or magistrate may order a child support amount that is different from the one that is reached using the existing guidelines. For instance, you may feel that the amount that has been determined is not fair to you, because of your financial resources or your spouse’s financial resources. In some cases, the court may determine that there are special considerations involved in the child’s physical or emotional health, needs, or attitudes that may require an increase in the child support payments. The youngster may suffer from a disability, and the child support payments determined using the guidelines may not suffice for his care. The judge may also consider the standard of living that the child would have continued to enjoy if his parents had not gotten divorced. If the child support payment does not take into account the child’s standard of living, that judge may order a higher amount to be paid.

Also remember, the judge may consider any non-monetary contributions that you make towards welfare of your youngster, educational needs of the parents, differences in the gross income of parents as well as the needs of other children that you as the noncustodial parent are currently paying for. These may all be factors that the judge deems relevant.

But, a youngster support order is not permanent. If a situation changes that affects how much money your child needs or how much money you make on a regular basis, you could petition the court for a modification to a child support order. Some circumstances that could cause the need for a youngster support modification include:

  • The income of one or both parents has changed significantly. This could be because of a job loss or reassignment, an investment that went wrong, or any other event that could cause a substantial loss of income.
  • Changes in an alimony recipient’s needs
  • A youngster has turned 18
  • The youngster now requires more money because of a surgery, medical condition, disability or private school tuition, for example
  • One parent now has another child, and therefore has additional expenses, making it difficult to pay the original amount of child support
  • One parent has died, and therefore the entire youngster support agreement is no longer valid

If you are dealing with child support issues during a divorce, get legal assistance from an experienced Westchester County family lawyer. To understand how a court may decide on your child support payments or for advice on how to proceed legally, speak with a Westchester County family lawyer. For help negotiating with your spouse and his or her child support lawyer on child support, seek help from a Westchester County child support lawyer.

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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