New York Divorce Lawyer Blog
A substantial drop in income can make an existing child support obligation increasingly difficult to meet. Still, a parent generally cannot simply reduce or stop payments because their financial circumstances have changed. In New York, the parent seeking a downward modification bears the burden of proving grounds for modifying the existing order. When the request is based on unemployment, the court may closely examine why the parent lost their job and what they did to find comparable employment afterward. A recent New York decision demonstrates how demanding that burden can be, as the court upheld the denial of a parent’s request to reduce a monthly child support obligation. If your income has changed and you can no longer afford an existing child support obligation, speaking with an experienced New York family law attorney about seeking a modification can help you protect your rights before substantial arrears accumulate.
New York Court Examines Reduced Income in the Context of Child Support
In New York child support cases, it is not uncommon for one parent to request an upward modification if they believe the other parent’s income has increased. However, courts require clear, specific proof before altering an existing support order. A recent New York