Long Island Child Support Modification Lawyers

How To Modify Your Child Support Order in New York

If you have been ordered by a Suffolk County or Nassau County Family Court to pay child support for one or more of your children, you may be allowed to get the amount reduced if you there has been a change in your income or other circumstances. Our Long Island child support modifications lawyers at Laurence Silverman & Associates have over 50 years of experience helping parents lower their child support payments in Suffolk County and Nassau County Family Courts.

It is difficult to get the Court to agree to change a support order but it can be done with the help of a very experienced family law attorney. You cannot trust that the system will be fair to you and that you can do this on your own. But, with the help of one of the experienced and caring family lawyers at the law firm of Laurence Silverman & Associates by your side, your chances of success are much better.

We will show the court that:

• Your job has changed, and you are now earning less money.
• Your custody and visitation arrangements have changed so that it is no longer fair for you to be paying so much.
• The needs of the child or children have changed, and the amount of support ordered should be lowered.

A Court will not accept a verbal agreement between you and the other parent to lower child support. And, if you have lowered your payments as the result of an agreement with the other parent, you will be responsible for all back payments.

In New York, either parent may petition the court to modify a child support order. However, there are certain things they must demonstrate to have a judge grant the order.

Discuss your case by scheduling a free consultation at (631) 816-2684 today. 

What Must a Parent Prove to Modify a Child Support Order in New York?

The following are certain factors each parent must prove to modify a child support order in New York:

• A significant change in circumstances – Common examples of such change include a reduction in a parent’s income due to involuntary job loss or demotion, an illness, or changes in a child’s needs.
• Three years have elapsed – After three years have passed since either parent experienced a change income, a parent may seek to recalculate the current order.
• 15 percent change in income – A paying parent can file for “downward modification” if his/her income decreased by at least 15 percent involuntarily, or an “upward modification” if he/she experiences a 15 percent or more increase in come.

Voluntarily quitting your job doesn’t not forgive you of past and upcoming payments. The court can “impute” your income, which means a judge can still determine your income according to what you’ve previously earned while working and skills, education, and employment opportunities.

Parents can establish their own terms and conditions regarding modification, but the agreement must still be based on the best interests of the child. In order to enforce a modified order, the agreement needs to be in writing and approved by a judge.

Ready to Protect Your Rights & Best Interests

If you want to go to Family Court in Suffolk County or Nassau County to request that your child support payments be lowered, our legal team can help you take the necessary steps to obtain the best possible outcome in your case. Do not wait to get started on the modification process immediately.

Contact us today to learn about our compassionate and affordable legal services.