What Is The Process To Modify Child Support In New York?
All one has to do to ask for a modification of child support is go to the court and file a petition. The court will draft that petition; they have pre-printed forms you can fill out. One can also go to their attorney and draft a petition to file on their behalf. If you have an original divorce proceeding, you have the option of filing a modification of child support in divorce court. I usually advise people to go to divorce court if there are any other issues going on, like a need to adjust the visitation schedule. It is more cost effective to proceed in divorce court than in family court.
My Ex-Spouse Has Primary Parenting Time And I Pay Child Support. She Recently Quit Her Job And Has Petitioned For An Increase In Child Support. Will An Increase Be Awarded?
Voluntarily quitting a job does not constitute a substantial change of circumstances, unless a parent quits because she became disabled, was the victim of sexual or racial harassment, or some other valid reason under labor law. The court would find those valid reasons for quitting her job and for requesting additional child support.
Do We Need The Same Attorney Who Handled The Divorce To Handle Modification Of Child Support?
Oftentimes, people change attorneys. Generally, a retainer will only cover through a judgment of divorce and will specifically exclude any post-judgment application. This does not mean that you cannot retain the same attorney but you are not legally required to.
If I And My Ex Have Moved Out Of State After The Divorce, Which State Will Have Jurisdiction Over Child Support Matters?
Most of the time, the court will allow a modification filing where the child resides. If both parties have moved outside of New York, then the New York court will not allow the modification to take place in New York. The state has lost exclusive jurisdiction over the case. Either a modification or enforcement proceeding needs to be filed in the new state. If only one party has moved, then the original county will retain continuing venue over the case.
Can We Set Our Own Modification Of Child Support Without Taking Matters To Court?
Parties can create out-of-court agreements on child support and as long as they live according to that agreement, there is no reason to go into court. Usually, it is advisable to have an agreement drafted by an attorney. If something goes wrong, you have a valid agreement that you can turn into a court order. The issue is that an out-of-court agreement is not enforceable in itself.
The only remedy, if one party fails to follow the agreement, is to file a child support petition in family court and then take the agreement to the support magistrate to ask for a court order based on it. Support will only be retroactive from the day he or she filed the petition in family court.
How Do I Apply For Enforcement Of My Existing Child Support Order?
There are generally two ways you can go about enforcing a child support order. The recipient of child support has the right to apply for the services of the support collection unit. The support collection unit would take the order and use it to enter income garnishments or to seize assets, such as bank accounts. They can also do a tax refund intercept, which is effective with arrears. The person can also file an enforcement proceeding in family court. They would do so by going into the court’s office, filling out the forms that are needed, and the court would generate the summons and hearing dates for around four to six weeks later.
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