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Modifying child support payments

On Behalf of | Jan 14, 2016 | Child Custody, Firm News |

Child support arrangements ordered by a New York divorce court can sometimes prove to be unfeasible. The reasons vary, but this typically occurs when one of the individuals loses his or her job, suffers a serious health issue or experiences a significant change in income or even marital status. When one of these examples occur, it is common for individuals to seek a child support modification.

It is important for individuals in this situation to act quickly. As soon as financial or personal circumstances change, steps to secure a modification should be taken. Parents who owe past child support must understand that this financial obligation cannot be discharged through bankruptcy, nor can it be retroactively reduced. Therefore, it is vital to seek a modification as soon as possible.

A crucial first step in seeking child support modification is for both parents to attempt to come to some sort of agreement as it relates to the potential modification. Sometimes this is easy for the parents to accomplish, but in some cases, this step of the process could very well prove to be difficult. As there is sometimes considerable financial and emotional expense that is incurred due to the litigation involved in child support arrangements, it behooves both parties to go into the talks with the idea that an agreement between them should be reached; otherwise, a judge will have to order the modification.  

Another crucial step in seeking a child support modification is to obtain knowledge of the state’s laws regarding child support. Individuals often accomplish this by researching their state’s child support laws while focusing on what situations might indeed constitute a significant change in their circumstances that could sufficiently warrant the modification. Many New York residents typically consult with an experienced divorce attorney at this stage in the process for proper interpretation of the laws as well as guidance and, if necessary, legal representation in the ensuing steps of this process.  

Source: Find Law, “Child support modification tips“, Accessed on Jan. 11, 2016