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When can seek out a modification of child support?

On Behalf of | Oct 10, 2019 | Family Law

A judge generally enters in a final order when they decide child custody or support matters. Once they do this, any parties to that original agreement must request that a judge signs off of any modifications before any changes can be made to the order or it’s enforced.

Certain criteria must be met for a parent to request a modification of child support. The paying parent must generally be in a permanent predicament to warrant any change in their support obligations.

If a mom or dad takes on additional employment, then the recipient’s mother or father may request an increase in monthly support payments on behalf of their child.A parent who loses their job cannot simply stop making child support payments. An unemployed mom or dad should immediately notify the clerk of court of any job loss.

If you become unable to work due to a short-term illness or disability, then you may petition the judge to temporarily suspend payments or to significantly decrease the amount that you owe. If your health problems are expected to persist for a longer period, then you may be able to request a long-term reduction or elimination of payments.

It’s also possible for you or your spouse’s change in marital status to affect your child support payment obligations. If you get divorced, then you may be able to request a reduction in how much you owe. If you get married to someone new, then what you are ordered to pay may increase.

There are many situations in which you may qualify to seek either a temporary or permanent modification to your existing child support order. You should consult with a family law attorney in Amherst to discuss your unique situation and whether you should file a modification order in your New York family law matter.