How To Modify Your Support Or Custody Arrangement
Times and circumstances change. Whether they are divorced or married, every parent sees how fast their children grow and change. One year all the kids played soccer, but two years later the oldest wants to do theater and the youngest wants to do karate. There is also changing schools because of the natural progression of life or there needed to be expensive change to a different school because a child needs specialized help. There can be changes in the working life of the parents as well. Modifications of support or custody accommodate the above issues as well as many others.
I handle these issues regularly through my office in Garden City. It is important to remember that modifications cannot be made until you file a petition for modification. Don’t sit around and go into arrears. I can help you determine whether the claim has a viable chance for a change in support and then effectively work toward those legal goals.
Conditions For Modifications To Child Support Order
In certain situations, either parent may seek to have the child support order modified by the court after it is finalized.
- Change in parents’ circumstances: This includes the loss of a job or getting a new higher-paying job. The court can either raise or lower the payments.
- Three years have elapsed: The needs of the family change over the course of time.
- Constructive emancipation: Child support ends when the child turns 21, but it may also happen if they get married, join the military or become financially independent.
Altering The Child Custody Or Visitation Arrangement
There are many reasons to modify the custody arrangement, but it is still not an easy task. While New York Family Court will order changes if one of the following circumstances apply and it is in the best interests of the child, an attorney is also useful in effecting these changes:
- A substantial change in the financial situation
- Abandonment, abuse or neglect
- Moving of residence
- Change in the health of the parent
- Criminal conviction
The judge will also speak directly with children 12 years or older in his chambers to help determine their desires and reasons for wanting a change.
It Is Best If Parents Agree
Any changes to the visitation or custody plan have the greatest chance for success if both parents are in agreement on the matter. However, one parent may be less willing to negotiate a change. A lawyer can be helpful with any change to custody or visitation, as well as support as long as it is in the best interests of the child.