Law Office of Jeffrey W. Johnson
Law Office of Jeffrey W. Johnson
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The setup of your parenting plan wouldn’t typically affect your amount, unless you’re in a fifty-fifty situation. If one parent has more than fifty percent of the time with the child, that parent will normally be entitled to the full amount of support. Fifty-fifty arrangements can get a little complicated, however, as some courts have said the parent who has less income will be entitled to 100 percent of the support from the other parent. Meanwhile, other courts have said that you should figure out how much support each parent would have to pay to the other parent under normal circumstances and offset it; then, whoever would be liable for more support would pay that amount to the other parent.

Can The Amount Of Child Support Ever Be Adjusted?

There is a petition to modify child support, which is often filed in Family Court. There are a couple of situations where modifications might be granted. One is that if it’s been two years since the order of support has been entered, then the custodial parent has an automatic right to file for a cost-of-living adjustment. The other situation is if the income of the parent who is paying child support has gone down, they can file for a downward modification of child support. If the other parent thinks that their income has gone up, they can file for an upward modification of child support.

These modifications are not granted automatically, as a matter of fact, and can be quite difficult to get. Let’s say your income has gone down and you wish to modify your child support. You would have to show the court that it’s not your fault that your income has gone down (for example, you didn’t voluntarily quit your job to take a lower-paying job). You’d also have to show that you’ve made a diligent search to try to find a higher income job. Even in those circumstances, you may not get a decrease.

It’s important to note that there’s no automatic change of child support, and you won’t receive any modification until the date you file. If you were to lose your job and then file to lower your child support six months later, you’ll still be liable for the normal support for that first six months when you didn’t file, even if you win your case. For that reason, it’s important to file and try to get a modification immediately if your income has changed.

What Is An Order Of Protection In New York?

An Order of Protection is basically an order from a court saying that another person cannot do certain things to you, such as try to communicate with you, or that they have to stay away from you, depending on the order. In New York, you can get an Order of Protection from three different courts. You can get it from Criminal Court as part of a criminal case, from Supreme Court as part of a divorce, or from Family Court in other situations.

In Family Court, you either have to be related to someone or have a child in common, and they expanded Family Court’s jurisdiction in the last few years to include people who are in an intimate relationship. Originally, that meant people who were dating or having a sexual relationship. In some cases, it’s even been expanded to include roommates and other people, so there are a lot more people who can file for it than previously.

To get an Order of Protection in Family Court, you have to show that the other parent has committed a family offense, meaning they’ve violated certain criminal statutes by assaulting you, harassing you, committing disorderly conduct against you, or engaging in any number of offenses. If you can show that, then you may be entitled to an Order of Protection.

There are two main types of Orders of Protection. There’s what’s called a Usual Terms Order of Protection, which states that the person can’t do any of those criminal offenses against you (they can’t harass you, stalk you, etc.), and there’s a full Stay Away Order of Protection, which says that they have to stay away from you, your home, your place of business, and your school. Typically, a full Stay Away will also say no communication by phone, tax, email, or social media or by a third person. These orders can also include other people; for example, either kind of order can include any children you have together.

In New York, an Order of Protection can be good for up to two years, though if there are aggravating circumstances (for example, if there’s a weapon involved or something like that), it could be for up to five years. They recently changed the law so that you can now file a petition to extend an Order of Protection before it’s over by showing the court good cause for extending it.

How Do I Get An Order Of Protection Put Into Place?

You can file for an Order of Protection in Family Court or in Supreme Court as part of a divorce case. In Family Court, you’d have to show that the court has jurisdiction over it because you are a family member, you have a child in common, or you have what’s called an intimate relationship (which, in New York, could mean you are romantic partners or even roommates—it’s really up to the court to decide what an intimate relationship is). Then, you’ll have to show that the other party has committed a family offense against you by breaking certain criminal statutes.

If you can prove that, then the court has to decide whether an Order of Protection should be granted to you. They normally will grant your request if you can show a family offense has been committed. Your Order of Protection can be good for up to two years, or up to five years if there are aggravating circumstances (for example, an offense involving a weapon). Orders of Protection are often settled by the other party consenting to an order without admitting they did anything wrong, so most of the time you won’t have to go to a trial. If there’s no agreement, however, then it has to go to trial.

For more information on Child Custody Matters in New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.

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