If you have a court order for child support, that order could be in effect for many years, depending on your child’s age. And as every parent knows, when you have children, life rarely stays the same for very long. It only makes sense, then, that as your family’s circumstances change, you might need to seek a modification of child support.

New York courts understand the need for flexibility as children’s needs and parents’ circumstances evolve; that’s why there is a mechanism to ask for a child support modification. But courts also value stability and security for families, so they are unwilling to change child support amounts without a good reason to do so.

Whether you are the parent receiving child support, or the parent paying it, you may find yourself needing to ask for a modification of child support. Here are three grounds for doing so.

Substantial Change in Circumstances

One common reason to request a child support modification is a substantial change in circumstances since the existing child support order was entered. As mentioned above, life with children is always changing, but not every change is substantial when it comes to the modification of child support. Some situations that might be considered “substantial” include:

• The child develops unexpected medical or educational needs that require significant financial support
• The child has unexpected, ongoing medical expenses that are not covered by insurance
• A change in child custody, where the child is now spending significantly more time at the home of the parent who pays support
• Either the parent paying support or the one receiving it gets a large increase in salary (more than 15%)

These are only a few of the many situations in which a court might order a modification of child support. If your family’s circumstances have changed and you think a child support modification might be in order, an experienced family law attorney can help you to pursue one.

Involuntary Loss of Income

In these turbulent economic times, it’s not uncommon for a parent to lose a job or otherwise experience an involuntary change in their gross income. A parent may also suffer an illness or a disability that renders them unable to work or earn income at the same level as they previously did.

If you are ordered to pay child support and find yourself struggling to make payments due to a loss of income, talk to a child support attorney about seeking a modification of support as soon as possible. If you file a petition for a modification of child support and the court grants it, the reduction of the support amount will be retroactive to the date of your petition (not the date your income declined).

Whatever you do, don’t just stop or reduce your payments, or the New York State Office of Child Support Enforcement may take enforcement action against you. That could include taking your state or federal tax income refund to pay past-due child support, seizing other property you own, or suspending your driver’s license.

Three Years Have Passed Since Your Last Child Support Order

In New York, either parent has the right to request a review of child support every three years. This applies even if there have not been any substantial changes in income or other circumstances. If you request a review because it has been more than three years since your existing order went into effect, the court will review both parents’ current financial information. Based on your current financials, the court may adjust the amount of child support in your case.

How a Family Law Attorney Can Help

Whether you are seeking a modification of child support, or opposing your co-parent’s request for a modification, there is a lot at stake; even a small change in the amount of child support you pay or receive can really add up over time. It is imperative to make sure the court has the information and documentation it needs to decide in your favor. Having an experienced attorney on your side increases the likelihood of a favorable outcome.

Your attorney will thoroughly and accurately complete your petition for modification of child support (or if you are opposing the request, your response to the petition). She will gather and organize the evidence in support of your position, argue your case, and counter the other parent’s claims with relevant documentation and legal arguments.

Work with a Livingston County Child Support Modification Lawyer

You take your responsibility to support your child seriously, but supporting your child should not impose an unfair burden on you. Duke Law Firm, P.C. helps parents ensure that their children’s needs are met and that the amount of child support they pay is fair and reasonable.

To learn more about child support modifications or to discuss how we can help you, please call us at 585-229-6875 (Lakeville) or 585-449-4987 (Rochester), or contact us online to schedule a consultation.