Child Support Agreements: What is Necessary to Make Modifications?
The Law Offices of Ian S. Mednick P.C. Expressway Plaza Suite 135 1600 Calebs Path Extension Hauppauge, NY 11788 631-787-8322
After a divorce, splitting couples settle on an agreement that specifies the amount of child support each parent provides. This agreement is either settled by the couple or mandated by the court. There are certain events, however, that make the arrangements far from feasible. These are situations signaling that a modification may be in order. Modifying a child support agreement is not as easy as it sounds, though. The issue is bound to reach court in most cases – and this is where it gets tricky. Judges do not simply agree to a modification; there has to be a good enough reason behind it.
Change of Circumstances In the eyes of the law, a “good” reason involves a change of circumstances. There has to be a significant event in any of the family members’ lives that makes the current child support amount inappropriate or unrealistic. A medical emergency, inability to pay, and severe financial hardship may warrant
a
change
in
the
agreement.
Other
circumstances such as an increase in the cost of living, employment changes, disability, and change in the child’s needs are also valid grounds. Income Matters The incomes of both parents play a role in the possibility of a modification as well. The court must see that there has been a significant change in the income amount of either parent. For example, a parent who lost a job may qualify for a modification. The legal system, however, does not count voluntary changes in the income of a parent. This means neither the father nor the mother would have a lower child support amount to pay after purposefully quitting a job or similar situations. Consequently, the court may modify the agreement if either parent has started earning significantly more than during the issuance of the initial agreement.
Whatever modification seems to be in order in an agreement, it is best for an ex-couple to consult a family lawyer. This will speed up the process and ensure that all legal matters are properly taken care of.
RESOURCES: http://www.divorceattorneyinlongisland.com/ http://www.divorcenet.com/states/new_york/nyfaq01 http://www.nycourts.gov/courts/nyc/family/faqs_support.shtml