The state of New York uses a system known as the Income Shares Model when determining child support for the children of couples who are no longer together. Financial payments are made in order to meet the basic needs of a child whose parents are not in a relationship. A parent’s support obligations will be based on factors such as the financial resources of each parent, the physical and emotional health of each parent, the standard of living that the child is comfortable and familiar with, tax consequences, non-monetary contributions made by each parent, the gross income of each parent, the needs of the child/ children, as well as any other factors which the court may deem as relevant to the case. However, these are conditions that could change over time, especially considering the lengthy duration of a child who is far from turning age 21.
When living conditions and matters of finance shift, it is very possible that child support payments may need to shift as well. If one parent suffers the loss of a job, for example, they may no longer be able to make the same financial contribution that they were before. Hence, their need to modify the conditions of a child support agreement. Changes to support may also be necessary in order to accommodate a child’s health needs, such as health insurance. Whether the need for support modification comes from a change in the parent’s circumstances or a change in the child’s circumstances, a New York divorce attorney should be contacted as soon as possible to help address the issues involved.
Generally, the best way to ensure that modification to a child support agreement will be enacted is by being able to substantially prove that a change in circumstance has occurred. This may be in the form of income increase or decrease, child care costs (these sometimes lessen with age),or a child’s emancipation. However, these are not conditions which can simply be claimed; they must be evidenced in order to effect change, meaning that you and your attorney will need to provide documents – i.e. pay stubs, affidavits, itemized bills, etc. – before the claims will be taken seriously and acted upon accordingly.
The conditions set forth in a child custody agreement, whether it was established at the time of a divorce or in lieu of a marriage, are not set in stone forever. There is always room for change and the ability to do so rests in the hands of your ability to justify the need for it. At Brian D. Perskin & Associates P.C. we can help you do this. We have handled cases as standard as uncontested divorce and as complicated as high net worth divorce. As such, we are prepared for whatever may be thrown our way, modifications to a child support agreement included.
Contact a New York child support modification lawyer from our office today.