Teaneck Child Support Modification Lawyer
Parents in Teaneck have an obligation to financially support their children. This obligation persists no matter what the custody arrangement is. For parents that do not have primary custody, it is standard for the courts to issue an order requiring them to pay child support to the custodial parent. This order requires a parent to provide a certain amount of financial support for their child.
A judge retains the authority to amend an order for child support until a minor is emancipated or otherwise no longer qualifies for child support. With the help of a compassionate family law attorney, it can be possible to modify child support when necessary. A Teaneck child support modification lawyer can help with this process.
What Qualifies for Child Support Modification?
Any change to the terms of the child support order is considered a modification. If one parent or the other declines to voluntarily agree to modify a child support order, the parent seeking the modification must file a motion in the court requesting the modification.
Typically, a request to modify a child support order will seek to increase the amount paid each month, reduce it, or end the payments entirely. In any of these circumstances, a Teaneck child support modification attorney can assist a parent in requesting the necessary changes.
Either parent has the right to seek a modification of the order, but there is no guarantee their request will be granted. Without a judge’s approval, both parents must continue to abide by the original order.
How Modification Works
Modifying a child support order is only possible when there has been a change in circumstances. Not every change in the lives of a child or their parents will qualify. This change must be permanent and substantial, like the loss of a source of income or a substantial raise in pay. The change must also be unanticipated and involuntary. If the impending change in circumstances was known about when the original order was issued, a parent cannot modify the order’s terms on that basis. Finally, these changes cannot be temporary. Losing a job permanently and not being able to find a new job that paid what the old job paid might qualify, while a week-long furlough might not.
Once the court determines that a permanent and substantial change in circumstances has occurred, the next step is for the judge to decide whether a modification is appropriate. There are numerous factors a judge must take into consideration under these circumstances, including:
- The child’s needs
- The age and health of all parties
- The income of each parent
- The debts and expenses of each parent
- The standard of living both parents enjoy
It is important to note that because these orders are considered final, they will remain in place until a judge terminates or amends them. A Teaneck child support modification attorney can provide more guidance on when a request might be granted.
Talk to a Teaneck Child Support Modification Attorney Today
If circumstances have changed in your life or in the life of your co-parent, modification of your child support order might be possible. This modification must meet all of the requirements under the law.
A Teaneck child support modification lawyer can give you the opportunity to secure a fair outcome at a modification hearing. Schedule a free consultation with an experienced attorney at Moskowitz Law Group to learn more.