Modifications to Child Support Orders on Long Island
Making new arrangements in changing times
After months, or sometimes years, finalizing a divorce can be a big relief. However, what suited you or your former spouse years ago may need adapting over time. Your circumstances, or those of your child, may prompt you to revisit your current arrangements. Even with seemingly straightforward changes, it is in your best interest to speak with a family law attorney at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP to discuss your options. Our firm has been helping individuals revise custody, support and other divorce agreements for clients throughout Nassau and Suffolk counties since 1988.
Modifying agreements post-divorce
Modifying divorce agreements requires a substantial change of circumstances. Some aspects of your divorce are unlikely to change. Courts rarely permit changes regarding division of assets or property, such as real estate, once the divorce is final. Individuals may revisit other aspects, especially custody or visitation, multiple times and consider amendments to:
- Child custody and visitation: Either parent may request revising legal (who makes the decisions) or physical (where the child resides) custody matters. Parents may wish to make changes due to a change in their own schedules or their child’s, relocation for a job, or the need to change the child’s environment.
- Child support: Either party may request an increase or decrease in child support payments. When courts evaluate child support modification requests, they consider changes to a parent’s financial situation, changes of child custody, evidence of nonpayment and whether a child is emancipated.
- Spousal support: Various factors can warrant a change in spousal support agreements:
- A significant decrease in income for the individual who pays the support (for example, due to a lost job, change of employment or illness)
- A significant increase in the recipient’s income (such as a new job)
Making modifications when things go wrong
The party requesting a modification from the court must demonstrate the change of circumstances. Whether you are seeking the change or prefer to keep things the way they are, our family law attorneys can provide a strategy and fight for you.
Your rights for back support
Sometimes an individual falls behind in support payments or does not hold to other aspects of a custody agreement. If your former spouse is behind in alimony or child support payments, there are several options available. In New York, the Child Support Enforcement Agency monitors support payments. If the parent stops payment for any reason, possibilities include:
- Garnishing wages or lottery winnings
- Having the court solicit the funds directly from the parent’s bank account
- Placing a lien on tax returns
- Filing to have a driver license or passport suspended
- Filing for contempt of court
For any of these actions, it helps to engage experienced legal counsel.
When you need to amend your support or custody, contact a respected legal team in Long Island
At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, we provide assertive legal support when you need to modify your custody or support agreements. Whether we handled your divorce originally or you seek new counsel, contact us by calling 631-360-0400 to make an appointment. Our firm is experienced with negotiating agreements and litigating to get desired results.