Nassau County Child Support Modification Attorney

Child support is often the source of disagreement and contention between alienated individuals attempting to co-parent their child. When a party feels that the child support payment they are receiving is not enough, or the payer feels that the payment is too high, a child support modification may be in order.

For families in Nassau County and across Long Island, a request to change child support usually begins with a review of the existing order and a careful look at each parent’s current income, necessary expenses, and parenting time. We help clients understand whether the change they are experiencing is likely to meet New York’s legal standards and what documents the court will expect to see, such as recent tax returns, pay stubs, or proof of job loss or medical issues. When a case is filed in Nassau County Family Court or in Supreme Court as part of a divorce, clear and organized financial information can make the process smoother and less stressful for both parents.

In 2010, New York made some changes to the way in which child support modifications may be modified and when. Under these new guidelines, a modification to child support obligations may be made only if: 

• Three years have passed since the date of the original order or most recent modification; and
• A party’s income has either increased or decreased 15%.

If all of the preceding requirements are not met, a party may still petition the court for a modification, but this is only if there has been an unanticipated and unreasonable change of circumstances. The non-custodial parent’s income is then subjected to calculation of support under the Child Support Standards Act (CSSA) in the same manner in which it was initially calculated.

When we evaluate whether a parent should pursue a new petition, we walk through how the Child Support Standards Act applies to their situation and discuss the likely range of support under different income scenarios. A child support attorney Nassau County parents trust will not simply file paperwork but will also give an honest assessment of the strengths and weaknesses of a requested modification. We also talk about practical concerns, such as how long the process may take in the local courts and what temporary arrangements, if any, might be available while the petition is pending.

An experienced attorney can help you seek a child support modification so that the best interests of you and your child or children are adequately represented. Call (516) 406-8381 or contact us online today!

Downward & Upward Modification of Child Support in NY

A party seeking a downward modification must prove to the court that his or her decrease in income was involuntary, and that he or she has diligently sought employment in accordance with his or her abilities, skills, educational qualifications, experience, etc. Thus, voluntary periods of unemployment, such as to pursue educational aspirations and the like, are not acceptable as a basis for a downward modification.

The benefit of these new requirements is that it makes it easier to revisit child support payments after a period of time, whereas the prior process required a party to show somewhat cumbersome documentation in order to initiate upward modification.

In the past, an upward modification was only available in circumstances where the expenses related to raising the child increased for some reason, and the party had documents to prove this assertion, both relating to expenses at the time of the original order and documents representing these expenses at the time of the attempted modification, along with proof of how income was inadequate to meet these expenses. Thus, an upward modification was difficult to obtain. Additionally, in such a case, a non-custodial parent could almost always assert that an upward modification would amount to a financial hardship.

Under New York law, there is no automatic provision for an adjustment of child support. This means that a dramatic increase or decrease in income for one of the parents, such as in the case of bankruptcy or unemployment, does not automatically lower the child support payment obligations.

When parents come to us for a downward change, we discuss the steps they have already taken to look for comparable work, obtain retraining, or address health problems that limit their earning capacity. Courts in Nassau County and Suffolk County will closely examine whether a person has made a genuine effort to maintain employment before granting relief, so documenting job searches, applications, and interviews can be very important. For parents seeking more support, we explore changes in the child’s needs, such as new educational or medical costs, and compare them to the income and assets now available so that the request is grounded in clear, realistic numbers.

How Child Support Modification Cases Typically Proceed

Parents who are considering a change in support often want to know what the process will look like from start to finish and how long it may take. In most situations, a case begins with a consultation where we review the existing order, identify what has changed, and decide whether to file in Nassau County Family Court or in Supreme Court if there is an ongoing divorce. From there, the petition is prepared, filed with the appropriate court, and served on the other parent, who then has an opportunity to respond. Understanding each of these steps in advance can make the experience less overwhelming and help you decide when to move forward.

After the paperwork is filed, the court will schedule one or more dates for conferences or hearings, where a support magistrate or judge will review the financial information and hear from both parents. We help clients gather and organize pay records, tax returns, child care receipts, and other supporting documents so that the presentation is clear and consistent with New York law. In some cases, parents are able to reach an agreement on a new support amount, which can then be submitted to the court for approval; in others, the court will issue a decision after a more formal hearing with testimony and exhibits. Working closely with a child support attorney Long Island families turn to for guidance can help you stay prepared and focused at every stage of the case.

Contact Jason M. Barbara & Associates, P.C. today!

Matters relating to child support and child custody, whether at the time of separation or divorce, or when a modification is necessary, can be incredibly stressful and emotionally charged. An attorney can help ease the process, giving you the peace of mind to know that your interests are represented. If you need to modify your existing child support agreement, the experienced lawyers at Jason M. Barbara & Associates, P.C. can assist you through this stressful time.

When you meet with our team in New Hyde Park, we take the time to learn about your family’s history, your current financial situation, and your goals for the future so we can craft a strategy that fits your circumstances. Whether your matter is pending in Nassau County Family Court, the Supreme Court in Mineola, or another Long Island courthouse, we guide you through what to expect at each stage and help you prepare for conferences and hearings. Working with a child support lawyer Long Island parents rely on can give you structure and clarity during an emotionally difficult period, while keeping the focus on long-term stability for your children.

Contact us today at (516) 406-8381 to schedule your initial consultation with our Nassau County child support modifications lawyer.