Brooklyn, NY – Child support is an obligation that is meant to ensure that there is enough money and other resources for the child’s basic needs. A support obligation is imposed by the family courts when one parent has custody most of the time, but the other must contribute financially to raising the child even when they are not physically present. This is a serious, long term obligation that does not end until the child reaches adulthood and finishes high school. Anyone who is subject to pay child support must follow the order to do so, otherwise they will face serious consequences such as additional fines, loss of driving privileges, or even jail time.
Modification of child support
It is possible to modify a support order once it is in place, but a lawyer should be consulted to do so as soon as possible. There are usually only a few reasons why support payments can be modified, and these require some kind of changed circumstances.
The legal reasons that show a substantial change in circumstances include changes in income or job status, cost of living increases, and other changes in the cost of raising children in the state.
An order to pay child support can also be revisited by a judge if at least three years have passed since the last order or modification. This is a long enough time difference for financial matters to change.
When a parent experiences a large increase or decrease in income, the amount may be adjusted up or down. However, courts have been known to impute income, or act as if a parent is earning their maximum potential amount of wages based on their skills and education, and base the payment on this higher amount. This makes it difficult for someone to remain purposely underemployed or quit their job to lower their support payments.
Total amounts for support obligations
As a general rule a parent should expect to put aside about seventeen percent of their income for the first child, twenty five percent for two children, and up to twenty nine percent for three children. These amounts may be adjusted upwards when a child has special medical or educational needs, or a disability. There also tends to be disputes between parents if there is suspicion that the person subject to the support order is not disclosing their full income. This is technically illegal, however there also may be complexity in determining what counts as income in a support case.
Family law attorneys in Brooklyn
Elliot Green Law Offices handles divorce, custody hearings, prenuptial agreements, and other issues related to family law. Potential clients in the Brooklyn area can contact the firm to learn more about representation and receive advice.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201