When It Comes To Child Support, What Are Some Legitimate Reasons For A Parent’s Inability To Pay Child Support At The Current Level Ordered By The Courts In New York?
It’s important to note that it is essential to file a downward modification as fast as possible if you have experienced a reduction in income.
How Do I Apply For A Downward MODIFICATION Or DECREASE Of Child Support In New York State?
Applying for A DOWNWARD modification is almost always DONE through the Family Court, even if the order is from the Supreme Court. Family Court almost always has CONCURRENT jurisdiction to handle child support adjustments after the divorce is finalized.
A child support law firm may file a petition for downward modification. If you don’t have A lawyer, you can contact the court clerk and they’ll help you fill out the papers. It must be filed and then served ON the opposing party. Only then will the support magistrate make a determination as to whether or not your support should be adjusted.
My Child’s Parent Has A Petition For A DOWNWARD Modification Of Child Support In New York State. Is There Anything I Can Do If The Modification Is Granted And I Don’t Agree?
If the case goes to a decision by a support magistrate, and the support is lowered, you do have a right to an appeal. The first appeal is made to a judge and you will have 30 days to file a request. The judge must be in the same family court the case went through. The judge will order the transcripts from the hearing, review the orders and make a decision. The judge could reverse the decision of the support magistrate or modify it, or the judge could send it back with instructions on how to proceed.
If the judge denies your appeal, the next step is to file an appeal with the Appellate Division in New York. This process includes filing a notice of appeal. It’s always wisest to work with a family custody lawyer to represent you in your appeal. If that’s also denied, the next step is the Court of Appeals in New York, which is the highest court for APPEALS.
There are certain circumstances where you can make a motion for reconsideration or a motion to renew if certain evidence wasn’t considered by the judge or magistrate if new evidence becomes available.