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When Is A Good Time To Modify My Child Support Agreement?

February 05, 2012 | Comments: 0 | Views: 180

Going through a divorce is never an easy thing, but with the right divorce lawyer by your side important decisions can be accomplished such who is paying and who is receiving child support. In New York State, the amount of child support is calculated based on the financial means of the parents and the needs of the child.

But what happens ten years later when your financial situation has severely changed and you are worried about the welfare of your child? For example, the money you are receiving in your monthly payment isn't enough to provide for your child's medical expenses. Or you lost your job and now don't have enough money to afford your montly child support bill and maintain a stable home for your child.

Did you know that you have the right to modify your agreement? In 1989, New York passed new child support laws, and amended Domestic Relations Law 236B(9)(b), which allows a court to modify existing child aid orders. Basically the law states that either custodial or non-custodial parents may "modify any prior order or judgment as to maintenance or child support, upon a showing of the recipient's inability to be self supporting or a substantial change in circumstances."

What does it mean when the law refers to a "substantial change in circumstances". A change in circumstances refers to a drastic change in income or a change in employment.

The most common substantial change is when a parent gets laid off from a job. If the custodial parent loses their job then the non-custodial parents may need to pay more support. Or it could be the other way around, a non-custodial parent loses their job and the monthly child support amount lowers.

But there are other factors that go into figuring out a new monthly payment when you are modifying the agreement. For example, the custodial parent could have receive a huge raise therefore is not entitled to as much child aid as originally agreed upon. Either parent could have remarried. The child may have more medical needs than earlier anticipated.

Remember the point of modifying your agreement is to ensure that both custodial and non-custodial parents maintain a financial stable household that is in the best interest of the child.

Learning Point: Financial circumstances do not always remain the same. If you feel you that you need to modify your child support agreement, whether to receive more money or to lower your payments, contact a divorce lawyer as soon as possible to discuss your options.

If you found this useful and you would like to learn more about modifying your child support agreement please contact Long Island divorce attorney for more information.

Source: EzineArticles
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