In many divorces, child support is a contested issue. However, child support is essential to ensure that children receive the financial support they need for their growth and development. Court-ordered financial maintenance or support is an obligation that is enforceable by law. Parents are responsible for financially supporting their children until emancipation. Child support is intended to cover expenses like food, clothing, shelter, healthcare, and other costs related to child care to ensure a child’s best interests. When a parent doesn’t pay child support, it can have severe ramifications. If you can no longer afford your child support payments due to a substantial change in your circumstances, you should enlist the help of an experienced Nassau County Child Support Lawyer who can help you file a petition with the court to modify your existing child support order.
What Should I Do If I Can’t Afford My Child Support?
As a non-custodial parent, upholding your child support obligation is essential. It’s crucial to understand that if you don’t pay your child support on time and in full, your arrears will start to add up. Once this occurs, the child support enforcement agency will keep track of the money you owe and take the necessary steps to collect that money. Failure to pay child support can result in various legal consequences such as wage garnishment, interception of tax refunds, suspension of driver’s license and professional licenses, contempt of court charges, seizure of assets, and liens and judgments. Therefore, if you are in a predicament where you can no longer afford your child support, you must take immediate action.
In New York, you can petition the court to modify an existing child support order. However, to have a successful petition, you must demonstrate a substantial change in your financial circumstances that warrants a change. A substantial change in financial circumstances may include a job loss or a significant decrease in income.
Do I have to Pay Back Support After a Modification?
It’s crucial to understand that child support changes are not retroactive. A modification will only change your future child support obligations. They will not erase any arrears you owe or the additional fines you’ve incurred for failing to pay. You will still be liable for any past missing support payments, even after a successful modification petition. It’s also important to note that you may have to pay interest on unpaid child support. Therefore, if you can no longer afford to pay your child support, you must take immediate action to prevent harsh penalties.
At the Law Offices of Eyal Talassazan, P.C., we understand the financial hardship that can arise from child support obligations. If you can’t afford your child support payments, please don’t hesitate to contact a seasoned Nassau County child support lawyer, who can help you protect your rights and interests.
