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Family Law Blog 2015 February How can I change a Child Support Order?
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How can I change a Child Support Order?

Posted By Hindin Deutsch, P.C. || 25-Feb-2015

If you are facing a change in your work or living situation, you may be considering an alteration in your child support payments. Below are instruction on how to amend your order to accommodate your changing needs.

You should first try and reach out to the other parent to see if a modification can be made that is agreeable to the both of you. In this case you can simply have a judge sign off on the modification.

If it is not possible for you and your spouse to come to an agreement, you will have to petition the court for a modification. In a hearing, you will need to present the court with facts pertaining to your circumstances which make the modification necessary.

Temporary & Permanent Modifications

The court may make either a temporary or permanent modification based on the situation. A child's medical emergency, the payer's temporary inability to pay from an illness or temporary financial burden, or a brief financial or medical hardship can qualify for temporary modifications.

Permanent modifications can be arranged under any of the following circumstances:

  • Rising cost of living
  • Child support laws change
  • Either parent becomes disabled
  • Either parent loses a job or finds a new job with lower pay
  • The child's needs change significantly
  • Either parent remarries resulting in an increase in household income

It is important to notify the court when you become unable to make child support payments due to your financial circumstances—payments you miss become arrears and you will need to pay them at some point. No judge can reduce them retroactively and bankruptcy will not affect support payments. File a motion with the court as soon as the other parent refuses to agree to a modification. Even if the other parent agrees, be sure to get this in writing and approved by a judge so they cannot later change their minds.

In addition, you may be forced to pay higher and higher support payments if your support order includes a cost of living clause as determined by an economic indicator.

To schedule your complimentary consultation with our firm regarding a modification of your child support payments, call (646) 233-2330.

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