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CHILD SUPPORT & ALIMONY MODIFICATION
Considering that alimony and child support payments are usually made over a period of several years, it is normal for you to make some changes to the amounts during that time. Whether you are receiving or making these payments, certain events in life call for modification of child support and alimony. Job loss and increased expenses are just some of the most common reasons to modify the amount of payments, in which case you will need the help of an experienced New York attorney.
COMMON EVENTS THAT NECESSITATE MODIFICATIONS
At Brian D. Perskin & Associates P.C., our staff has more than 40 years combined of dealing with cases involving child support and alimony. We know which paperwork to file in order to get the changes you need, and we also know the chances of you getting the modifications approved.
One of the most common types of changes involves the income of the person paying child support or alimony. Whether your income or earning capacity has sharply increased or decreased, or even disappeared altogether, you probably qualify for a modification in payments. The same goes for a change in employee benefits or tax obligations. Whether you can suddenly pay more or less in financial support, the court wants to know.
If the expenses involved with raising the children have increased, the amount of child support will likely have to increase, as well. If the custodial parent has decided to place the kids in summer camp, tutoring lessons, or other activities that cost money, he or she will is expected to get additional financial support from the noncustodial parent. Of course, when a child’s medical expenses increase due to an injury or health condition, the amount of child support owed will increase.
Remarriage of one spouse can also greatly affect the amount of financial support owed. For example, if your spouse remarries or moves in with a new partner, you will typically be able to stop paying alimony. If you find out this is the case, and your ex-spouse has not let you know yet, you should contact us so we can help get the court order modified.
Some changes that affect the amount of alimony or child support owed cannot be helped by either you or your former spouse. When divorce laws change, for instance, you may owe more or less in financial support, which calls for a modification of the amount you are paying. When the cost of living increases, you may owe more, as well.
WE DON’T RECOMMEND MAKING THE CHANGES YOURSELF
If you are tempted to simply let your spouse know that you need a change in the child support or alimony amounts, you should avoid doing so. If you do not get the changes in writing, your former partner could get you in legal trouble by telling the court that you simply stopped paying the amount you owe. This could lead to fines and other consequences that could hurt you long-term.
Even if you sign an agreement with your ex regarding the modifications, there is no guarantee that it will hold up in court. You may assume the agreement is in effect, until your ex changes his or her mind and decides to let the court and legal counsel know that you are not paying as previously agreed. Since the penalties for not paying enough alimony or child support are harsh, we advise you to play by the rules and hire an experienced lawyer.
We are aware of how the process of modification works, and we are happy to guide you through it. When you want to make sure you are making the changes the right way, with the support of the court, come to Brian D. Perskin & Associates P.C. to begin the process of child support or alimony modifications.