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Changing jobs and child support modifications

When non-custodial parents change jobs, the amount of child support they are responsible for does not change automatically to reflect their new salary. However, parents in this situation are able to petition the court to modify the child support order once they have transitioned to their new job. When New York parents find themselves in this particular situation, they typically choose to consult an experienced divorce attorney to assist them with the process of obtaining child support modifications.

A parent whose pay has decreased may be entitled to a reduction in court-ordered payments. Conversely, the custodial parent may petition for an increase in child support should the non-custodial parent's income substantially increase. A court may change the amount and/or the terms of payment.

Before approving a request for modification, a number of factors are considered by the court. There must be a substantial change in circumstances. Parents who are able to agree on the terms for a child support modification will be able to do so, provided the agreed-upon amount stays within New York state guidelines or the court determines that a variance is warranted.

Child support modifications may be either permanent or temporary, depending on the individual circumstances of the request. However, they are not retroactive, so parents are responsible for the amount that was originally ordered until a court rules otherwise. Many New York parents who seek to modify their child support enlist the help of an experienced family law attorney to help them achieve the desired outcome in an expedient manner.

Source: FindLaw, "Can I Change a Child Support Order After Changing Jobs?", Accessed on March 7, 2016

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