CHILD SUPPORT / By Paul Matthews
My name is Paul W. Matthews. I am an experienced Staten Island child support attorney.
Getting your New York child support order lowered can often times be quite difficult, especially when the last order was entered before October 13, 2020, when the law was changed. On that date, a “new” law was passed which made it easier for a noncustodial parent (sometimes called “obligor”), as well as for a custodial parent (sometimes called “obligee”) who is receiving child support, to modify orders up or down. Legal representation, such as that provided by experienced family lawyer professionals, plays a crucial role in navigating these modifications to ensure a fair settlement is reached.
Getting your New York child support order lowered can often times be quite difficult, especially when the last order was entered before October 13, 2020, when the law was changed. On that date, a “new” law was passed which made it easier for a noncustodial parent (sometimes called “obligor”), as well as for a custodial parent (sometimes called “obligee”) who is receiving child support, to modify orders up or down. Legal representation plays a crucial role in navigating these modifications to ensure a fair settlement is reached. In many cases, both parents must grapple with the complexities of child custody arrangements that may accompany these decisions. Engaging family lawyer professionals ensures that the intricacies of the process are thoroughly understood and addressed.
This article is intended to offer general information about the law in New York State only. It is not intended as legal advice for your particular situation. Legal advice can only be given by an experienced child support attorney at an actual consultation. This article does not discuss the rare situations where it is possible to vacate child support arrears. Each situation is unique, and an attorney’s experience can be invaluable in these matters, providing guidance through the often intricate legal landscape.
Child Support Modification Cases- Last Order Was Before October 13, 2010
When analyzing this issue, the first thing you need to know is if the final order for child support was made after October 13, 2010. Since this was over 12 years ago, most of the time you will be dealing with prior orders made since then. Parents involved in such proceedings often find themselves revisiting child custody considerations as these cases evolve. Families seeking a comprehensive understanding typically turn to family lawyer professionals who can shed light on possible outcomes and strategies.
In these situations, in general, the court may be able to grant a downward modification of a child support order based upon either a loss of income of the payor, or an increase in income of the payee of the order; however, in the situation where there is a loss of income of the payor, this loss of income must be involuntary. Strong legal representation is often required to effectively argue for these changes, ensuring a comprehensive settlement for all parties. The emotional and financial experiences of the individuals involved are taken into account to reach a balanced outcome. Experienced family lawyer professionals offer the necessary expertise to navigate these sensitive and complex matters adeptly.
Table of Contents show 1 Child Support Modification Cases- Last Order Was Before October 13, 2010 2 Modification Of Support Orders Entered After October 13, 2010 3 Can You Get A Modification After You Quit Your Job? 4 Can You Reduce Your Support Order If You Retire? 5 Modification Cases When You Retire Before Age 65 6 Modification Cases When You Retire At Or After Age 65 6.1 Factors NY Courts Will Consider If You Retire After Age 65 7 Can You Get Credit For Other Children? 7.1 Situation # 1 You Have Children Living With You 7.2 Situation # 2 Prior Order For Children Who Do Not Live With You 7.3 Drafting And Filing A Modification Petition Image of family court building with child support litigants
Under the old law, there were different legal standards for modifying child support orders depending on whether or not the last order was reached by stipulation, voluntary agreement, or after a trial or hearing. These legal standards often intertwined with child custody considerations, impacting the decisions made. The separation of these legal aspects into distinct categories could lead to complexities in the modification process, requiring careful navigation and understanding from all parties involved.
Modification Of Support Orders Entered After October 13, 2010
Strangely, it was harder to modify a child support order which was made with an agreement than one which was made without one. To modify an order made after a trial or hearing, the party seeking to modify it had to show that there was a “substantial change of circumstances”. The experiences of the parents, coupled with the dynamics of child custody arrangements, can significantly influence the outcomes of such modifications. If the last child support order was made with a written agreement, the party seeking to modify the support order had to prove a “substantial and unforeseen change of circumstances” occurring after the last order. This standard was often extremely difficult to satisfy, leading to strained relationships between parties involved without satisfactory results, especially when the separation of support amount and custody responsibilities were unclear or disputed.
- The income of either party has gone up or down by 15% since the date of the last order.
- Three years have passed since the date of the last order.
- There has been a substantial (but not necessarily unforeseeable ) change of circumstances.
The “new” law made it significantly easier for either party to get a modification of an order which was made after October 2010. Under the “new” law, a party may seek a modification in the following three circumstances, often necessitating the involvement of attorneys to effectively argue for or against such changes. The law’s evolution reflects an understanding of the need for transparent separation in terms of support amount and parental responsibilities, easing tensions that previously arose within the modification process.
Can You Get A Modification After You Quit Your Job?
Under the new law, the parties can “opt” out of the first two grounds in a written child support agreement by incorporating an opt-out clause. This provision allows both parties to maintain a cooperative relationship, preventing unnecessary legal conflicts, which attorneys can aid in drafting to ensure clarity and mutual agreement, thereby preventing further separation issues regarding the support amount.
It is very difficult to get a downward modification if you quit your job voluntarily and are now either unemployed or making less money. New York Courts believe that a non-custodial parent who has a child support order cannot just quit without having another job to go to, or quit a job in order to get a “better” job that pays less. Proper legal representation is crucial in these cases to negotiate and reach a favorable settlement. If the non-custodial parent quits his job because it is boring, does not have opportunities for promotion, or he doesn’t get along with his boss or coworkers, New York Court will not reduce his child support. In such cases, it would be beneficial to seek the guidance of an advocate skilled in negotiation to explore possible solutions and achieve favorable results, particularly when arguing about the separation of financial obligations and personal employment choices.
If the non-custodial parent relocates to another state where the cost of living is much cheaper, but salaries are also lower, New York Courts will not reduce child support. It may be prudent to employ negotiation strategies through an advocate to navigate these challenging circumstances, ensuring the clarity of all involved relationships. Here, understanding the separation between the support amount and the logistical support offered by the living environment is crucial.
If you are fired for cause, it will be very difficult to get your child support reduced. You would pretty much have to prove that the firing was unjust. An experienced advocate can provide the necessary support and negotiation skills to strengthen your case, working alongside attorneys to ensure the best possible results. The separation between personal employment issues and the mandated support amount often complicates these situations, demanding robust advocacy and legal insight.
If you were laid off and not fired, you could qualify for a reduction, but you would have to prove that you were laid off, and also that you made diligent attempts to get a job for the same salary you had before. A skilled advocate might assist in gathering evidence, such as official documents, and further the negotiation process to support your request, potentially involving attorneys to ensure all legal requirements are met.
Can You Reduce Your Support Order If You Retire?
You may be surprised to learn that, under New York State Law, you may not be able to reduce your child support payments when you retire. Consider enlisting an advocate and attorneys to negotiate unique circumstances which might warrant a reassessment and produce satisfactory results. Proper documentation can play a crucial role in these negotiations.
Modification Cases When You Retire Before Age 65
While you can reduce New York child support under the new law if your income goes down by 15%, this does not apply to situations where the reduction of income was voluntary. Engaging in negotiation with the guidance of a knowledgeable advocate and attorneys can be essential in navigating these legalities, providing clarity and maintaining a positive relationship between parties. Having comprehensive documents to support your claim can further facilitate this process.
If you voluntarily retire before age 65, it is unlikely that NY Courts will entertain a request for a downward modification of your child support obligation just because you decided to retire. Proper legal guidance from attorneys and advocates together can help in understanding the intricate details and potential results of such legal decisions, where prepared documents are critical. You would have to show that you were unable to work due to a medical condition or the like. If you have questions about presenting such cases, consult with an advocate to leverage negotiation tactics and present essential documents when addressing the court for services like child support modifications.
Modification Cases When You Retire At Or After Age 65
If you retire at age 65 or later, you may be able to convince a New York court to grant a modification of the child support order if you were laid off because you have reached a mandatory retirement age, especially if you have worked for this employer for a very long time. Again, an adept advocate can enhance the negotiation strategy to persuade the court regarding these child support modifications. Documented evidence of your employment history and retirement conditions will be vital.
Factors NY Courts Will Consider If You Retire After Age 65
If you retire voluntarily at or after the “normal” retirement age of 65, and want to get a New York court to decrease your child support order, New York courts will likely consider the following factors: This scenario often requires strategic negotiation and the expertise of an advocate to effectively present complex arguments for services related to child support modifications. Presenting well-prepared documents can support your case substantially.
- Your age
- The type of work that you were doing before you retired
- How long did you work at your last job?
- Your general health and specific health issues, if any
- Your highest level of education
- The job market for similar jobs
- Any attempts you have made after retirement to find full-time or part-time jobs
- Your total financial resources
- The age of the subject child or children
- The needs of the subject child or children
- The resources of the custodial parent
Cases where you have voluntarily retired are likely to be very challenging. It is essential that you have the assistance of an experienced family law attorney or child support attorney who can also act as your advocate in negotiation. If you have questions, they can offer guidance and clarity, especially in the realm of collecting and preparing the necessary documents.
Can You Get Credit For Other Children?
Spoiler alert…It depends! There are two possible situations.
Situation # 1 You Have Children Living With You
It is usually quite difficult to get a reduction in child support on a new order because you are already supporting other children who live with you. First of all, you would have to have a legal obligation to support them. In almost all situations, you would have to prove that you are the legal father of these children. Essential documents proving such relationships will be needed to support your claim.#NEW TEXT WITH ALL THE WORDS:
A professional advocate skilled in negotiation may improve your chances of reaching a favorable outcome in child support modifications services. Their expertise is a vital ingredient in ensuring the process is handled smoothly, considering all financial factors and personal situations that may affect the case.
Second, the court would have to do a deviation hearing, wherein you would be asking the court to deviate from the normal child support guidelines formula. Under New York child support law, the court can only deviate from the formula in situations where applying the formula would result in a child support order which is unjust or inappropriate. Engaging in adept negotiation, facilitated by an experienced advocate, can be crucial in these hearings, especially when considering the intricacies of financial health and stability involved in child support cases.
At this hearing, the party asking the court to deviate from the guidelines has the burden of proof. This hearing is sometimes referred to as a resource balancing hearing. Family Court Act 413 specifically states that the court can compare the “resources” available to the children who are living with you to the “resources” available to the child that you are being asked to pay child support for. It is advantageous to employ negotiation techniques with an advocate to effectively communicate your stance, ensuring that neurotransmitters of communication keep flowing accurately between all involved parties.
It is interesting that the statute uses the term “resources” instead of income or adjusted gross income. While the calculation of child support under the support guidelines formula is based upon adjusted gross income of the parties, courts have found that the term “resources” is much broader than income, and, for example, can include assets. An advocate can help clarify these terms in negotiation discussions, ensuring you fully understand the implications as they relate to child support modifications and services. This clarity in understanding your financial responsibilities and resources serves as a crucial ingredient to successful negotiations.
The statute also allows the court, in this type of “resource balancing” hearing, to consider the non-custodial parent’s expenses, at least expenses which are related to raising the children who reside in his home. An advocate’s skilled negotiation can ensure all relevant expenses are considered in court deliberations. These expenses could include child care expenses, health care expenses, health insurance expenses, and possibly educational expenses. Moreover, employment status and its associated financial implications could also be taken into account, reflecting the parent’s ability to fulfill these responsibilities. It is important to understand your rights when dealing with these financial obligations, ensuring that you are fully aware of what you are obligated to provide, which ultimately supports the financial health and wellbeing of all parties involved.The New York City Bar Association’s website gives an example of resource balancing where a father is being asked to pay child support for a child and he lives with his girlfriend and another child that he has with his girlfriend. According to the website, the child support court would look at the amount that he was being asked to pay under the formula and compare that amount with the amount of resources left over to support the other child. However, they would add in the income of the girlfriend in determining the total resources available to the child living with him. Employment can significantly affect this resource evaluation, as the income from employment helps determine the financial landscape. A decree could be issued based on this evaluation, formally establishing the father’s financial duties and rights concerning child support allocations.
Deviations will usually be granted when the father has multiple children living with him or has a child with expensive special needs. This is because if the new child support case is for one child, the father will only have to pay 17% of his adjusted gross income in child support for that child, which leaves him 83% of his AGI for the other children living with him. Employment history and current status may influence these calculations, particularly if it affects the father’s adjusted gross income.
Fathers who are very poor or who have high alimony or spousal support payments may sometimes get a break in a resource balancing hearing. A legal decree may be necessary to adjust these payments officially, reflecting the father’s current financial state. Factors such as employment stability can play a crucial role in these hearings, providing insight into the father’s financial capacity.
If you have a new baby and you already have a child support order for one or more other children, you are likely to get credit for payments that you actually are making under the order (or written agreement) against the new order, safeguarding your financial rights in these complex situations. Maintaining steady employment can contribute to a more predictable financial scenario, aligning with court expectations.
Situation # 2 Prior Order For Children Who Do Not Live With You
If you are going to be drafting and filing your own petition for a downward modification or upward modification, there are sample forms available on the New York Court’s website. These forms assume that you are subject to the “new” law and spell out the three grounds for a modification fairly well. However, if your last child support order was dated before October 13, 2010, you will have to either hire an experienced attorney to help you or figure out how to fill out and modify the form. Even under the new law, if you fill out the forms yourself without using a lawyer, you may end up torpedoing your case. Employment details and proof of income frequently documented in these forms, remain crucial for a successful case presentation.
Drafting And Filing A Modification Petition
If you are going to be drafting and filing your own petition for a downward modification or upward modification, there are sample forms available on the New York Court’s website. These forms assume that you are subject to the “new” law, and spell out the three grounds for a modification fairly well. However, if your last child support order was dated before October 13, 2010, you will have to either hire an experienced child support lawyer to help you, or figure out how to fill out and modify the form. Even under the new law, if you fill out the forms yourself without using a lawyer, you may end up torpedoing your case.
Serving All Staten Island Neighborhoods
I represent parents and families across Staten Island, including Grasmere, Clifton, Stapleton, St. George, Tompkinsville, Dongan Hills, South Beach, Midland Beach, New Dorp, Oakwood, Great Kills, Eltingville, Annadale, Arden Heights, Huguenot, Prince’s Bay, and Tottenville. All Staten Island Family Court cases are heard at 18 Richmond Terrace, Staten Island, NY 10301.
About Paul W. Matthews, Esq.
Paul W. Matthews is an experienced Staten Island family law attorney with more than 25 years of trial experience in New York Family Courts. He has handled hundreds of cases involving child custody, visitation, paternity, child support, and Family Court orders of protection.
He represents clients throughout Staten Island from his office near Grasmere and also maintains a Manhattan office at 90 Broad Street in the Financial District for parents with matters in Manhattan or Brooklyn Family Court.
Paul personally answers his own phone and provides direct, individualized representation in every case. His practice emphasizes clear communication, practical strategy, and strong advocacy in custody, visitation, support, and parentage cases in the Staten Island Family Court at 18 Richmond Terrace.
Call Paul directly: (347) 461-0760