One of the most hotly contested divorce issues is child support, which is why once the divorce is finalized, most people are glad to put the process behind them. However, if you or your former spouse’s financial situation changes in the months or years after your divorce, there is a very good chance you will need to adjust the terms of your child support. If you are seeking a child support modification in New York State, here are some of the questions you may have:
How do New York courts determine child support payments?
The main function of child support is to mitigate the financial impact of your divorce on your child. Therefore, New York courts will consider several factors regarding you and your former spouse’s financial situation and means of living before making their decision regarding your child support. Some aspects of your life that courts will consider are:
- How old your children are
- Whether your children have any special needs
- The number of children in your household
- Whether your children plan on attending college or pursuing a higher education
- Whether you or your former spouse have consistent, hefty medical bills
- Your child custody agreement
What are some valid reasons to request a child support modification?
Naturally, as life changes, your financial situation does too. This is why many spouses seek these modifications. However, the change must be significant enough to warrant an adjustment. Some scenarios that have granted individuals a child support modification in the past are as follows:
- One party has lost their job, received a promotion, or secured a higher-paying job
- One party has contracted a serious medical condition, or has become seriously injured and now needs the money to pay for his or her medical bills
- One of the parents has lost their home
- The federal income tax code has changed
- The financially dependent party has remarried
How do I get a child support modification?
To modify the terms of your child support, you will have to file a motion with the courts to request a change. However, you will have to prove that you truly need the updated terms of child support, so hiring an experienced attorney is always a good idea. An attorney can help ensure you provide all the necessary documentation to get the child support you and your child need. Our firm is here for you. All you have to do is call.
Contact our experienced Long Island firm
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.