Even if child support was part of a final divorce decree, circumstances can change as the years pass by. Because of these changes, either party involved in the divorce can file for a modification in monthly child support payments. However, courts in Williamsville, New York will only grant child support modifications in certain situations.
Increase in income
If the parent who is responsible for paying child support receives a raise, gets a new job or comes into a large sum of money due to an inheritance, the custodial parent has the legal right to file for an increase in monthly child support payments. If the court agrees with the motion, the payor will have to start paying more child support based on their new level of financial capabilities.
Decrease in income
Conversely, if the payor suffers a job loss or takes a lower-paying job, he or she can file a motion for a decrease in their monthly payments. The obligor can also file such a motion if he or she retires from their job or transitions to part-time work instead of full-time. However, the judge will review their claim carefully before issuing any modifications.
New needs of the minor
Ultimately, child support is meant to meet the needs of any children involved in the divorce. If those needs evolve over time, such as a child needing braces, seeing a therapist or participating in extracurricular activities, the custodial parent can file a motion for an increase in monthly child support payments.
If the obligor remarries and has more children, he or she can file for a reduction in their existing child support payments. Doing so allows them to provide an equal amount of financial support for all of their children.
Child support modification is a legal process and should involve the legal aid of a family law attorney. This attorney can review the circumstances of the motion for modification and help guide you through the legal process.