Last Updated on
Your custody agreement specifies who has legal and physical custody of your minor children, what type of visitation schedule the non-custodial parent must follow, and whether any third parties, such as grandparents or other close relatives, have any custody rights.
If the custody agreement is not working out for you or your children, it is possible to have the order modified by a judge. However, you must be able to demonstrate that there have been substantial changes in your circumstances before a judge approves such a modification. The Spodek Law Group can help you fill out the necessary paperwork and convince a judge that the proposed modification is in your children’s best interests.
Relocating with Minor Children
Relocation is one of the reasons a judge might grant a modification of your original custody order. For the judge to approve your relocation, however, you must demonstrate that relocating will not make it impossible for the other parent to visit your children. The judge also considers the reason for relocation when deciding whether to grant a modification. If you receive a job offer with a substantially higher salary or better benefits than you have now, the judge might be willing to approve a custody modification so your children can benefit from an improved lifestyle.
Custody Changes Based on Living Environment
Another reason you might want to modify an existing custody agreement is because you have concerns about your children’s living environment when they are with their other parent. It’s not enough to disagree with your ex-partner’s parenting style, however. You must be able to demonstrate that his or her choices have the potential to hurt your children physically or emotionally. If your ex-partner drinks excessively, uses illegal drugs in the presence of your children, or associates with people who have violent criminal backgrounds, you have the right to request a modification of your custody agreement. A judge won’t usually modify a custody order based on religious differences, but if your ex-partner’s religious beliefs are putting your children in harm’s way, the judge might make an exception. An example would be refusing to seek medical treatment for a sick child due to the belief that prayer is more powerful than medicine.
Watch carefully for behavioral changes after your children visit with your ex-partner. These changes don’t always indicate a problem, but they are a sign that you need to pay close attention to what is going on. Excessive crying, acting out, nightmares, anger, and withdrawal are some of the signs that there may be problems in your ex-partner’s home. Sleep disturbances or anxiety before a visit with the other parent may also indicate the need to request a modification of your custody agreement.
Altering Visitation Schedules
If your current visitation schedule isn’t working out, you can ask the judge to approve a new schedule. There are several reasons you might need to change your current schedule. If you previously worked during the day and now you work at night, you might need your ex-partner to take care of the children while you work. You can also request a modification if your ex-partner’s employment circumstances change or your ex does not follow the terms of your current agreement. Showing up late for one visit is not enough to justify changing your visitation schedule, but if your ex-partner frequently cancels visits at the last minute or shows up late for almost every visit, you can ask the judge to change your visitation agreement.
As children get older, their preferences tend to change. Judges are willing to consider a child’s preferences when deciding whether to modify a custody agreement, but the final decision often depends on the child’s age. A 10-year-old is probably not old enough to decide which parent he wants to live with, but a 16-year-old is capable of making this decision.
Death of a Custodial Parent
If a child’s custodial parent passes away, the original custody order must be modified. In some cases, the judge gives full custody to the other parent. If the other parent cannot provide a stable home for the child, the judge might grant custody to a grandparent, aunt, or adult sibling.
Voluntary Custody Agreements
If you and your ex-partner agree to change your custody agreement or visitation schedule, it’s still important to request a formal modification, even if the change seems to be working well. There’s always a chance your ex will want to go back to the original agreement, and you won’t have any legal recourse if you never asked a judge to make the changes permanent.
Custody Modification Paperwork
It’s important to hire experienced NYC modification of child custody lawyers to help you complete the paperwork required to make a change to your custody agreement. The paperwork can be confusing if you don’t have a legal background. Working with an attorney ensures you don’t make any mistakes that put your request in jeopardy.
If you have to go to court to discuss your modification request, the judge might ask you to bring witnesses who can verify any statements you’ve made. If you are concerned that your ex-partner drinks excessively while caring for your children, for example, you might need to bring a neighbor or acquaintance who has seen your ex drinking alcoholic beverages in your children’s presence. An attorney can help prepare witnesses for court so you get the best possible outcome.
Modifying a custody agreement may be necessary if you have concerns about your children’s well-being, or if you need to relocate to provide a better life for your kids. Don’t attempt to file the paperwork or prepare for court on your own. Hire an experienced NYC custody modification lawyer to guide you through the entire process.
Whether you’re going through a divorce or simply establishing custody and support for the first time, having our NYC child support lawyers on your side can help you arrive at a fair amount of child support. The purpose of child support is to provide for the needs of the children based on the resources of the parent. In New York, the non-custodial parent pays income to the custodial parent for minor children.
NYC child support lawyers
In NYC, the courts use income tables in order to determine child support awards. There are exceptions when a parent has a very high income or a very low income. The paying parent pays 17 percent of their gross income to the other parent if there is one child that’s a part of the child support order. If there are two children involved, the parent pays 25 percent of their gross income. There are additional amounts for more children. If there are five or more children involved, the paying parent must pay at least 35 percent of their income, and the court has discretion in order to determine exactly what the parent should pay.
According to the NYC child support formula, the child support amount depends on the gross income that a parent reports on their taxes. It should also include income that a parent should have reported on their taxes. If a parent is self-employed or if they earn tips, there may be some extra steps involved in determining the parent’s actual income. Generally, it’s the parent’s gross income that counts. In cases of self-employment, there may be some business expenses that should be deducted in order to fairly arrive at the amount that the parent should pay in support.
Our experienced NYC child support lawyers can help you determine what income should count in your child support case. You may be surprised to learn that bonuses, military allowances, social security benefits, disability benefits and voluntarily deferred pay can all count as income for determining what a parent should pay in child support. In cases where a parent is below income thresholds, the court may order an amount as low as $25 per month.
NYC child support attorneys for joint custody
When the parents have joint custody, child support can be a topic of debate. In most NYC child support cases, both parents spend at least some of the time with the child. When a parent directly cares for the child, they need at least some financial resources to provide for the child’s needs in their care. The question becomes what child support awards are most appropriate when both parents provide at least some direct care for the children who are a part of the order.
NYC and New York is one of a minority of states that does not make a significant allowance for parents with joint custody. Even when a parent has equal or nearly equal parenting time, the court may still order the parent to pay the entire child support award to the other parent. The courts have discretion in joint custody cases to make allowances for the fact that the paying parent must directly provide for the needs of the child.
If you have a case where both parents spend at least some time with the children, it’s important to work with your NYC child support attorneys in order to determine the correct amount of child support. You need to tell the court what the court order for child support should be and why. You may need to present detailed evidence of the resources of both parents, the lifestyle that the children enjoyed prior to the case at hand and why it’s best for the court to order the amount of child support that you’re looking for.
NYC child support collection attorneys
A child support award is the judgment of the court at the time that it becomes due. If a paying parent doesn’t pay the amount of child support that’s ordered, they are in arrears and subject to the enforcement actions of the court. If you’re facing a situation where you aren’t able to pay the amount that’s due, you should work quickly in order to examine your options with an experienced NYC child support lawyer so that your situation doesn’t snowball into a serious situation where you can’t get caught up. If you’re owed child support that you don’t receive, our experienced child support attorneys in NYC can help you explore all of your options in order to collect the support that your children need. If you’re facing a child support matter, contact our NYC child support lawyers in order to begin working on your case.
Receiving or paying for child support is usually a problematic process regardless of where you live in the U.S. Each state in the United States implements its regulations and rules that guide how you can make payments, seek help or file for such a case. As an NYC resident, here is what you should know about how child support attorneys work to protect your interests.
The general law practice entails representing clients amidst legal battles, drafting legal paperwork, and giving legal advice. In New York City, the requirements for child support lawyers include a Juris Doctor degree earned from a law school accredited by the American Bar Association and passing the New York State Bar Exams. An attorney should have obtained a license from and gained admission to the New York Bar.
For an attorney to handle child support cases in NYC, she or he must have taken a legal specialty certification course in family law. This course is offered by the National Board of Legal Certification. This individual must have also completed 32 credit hours of continuing education for license maintenance as mandated by the New York Court System. New lawyers are required to take the continuing education during the first two years of legal practice.
Laws Pertaining Child Support
According to the Social Security Act, each U.S. state is permitted to enact and implement its child support calculation model. The act also mandates each state to publish correct guidelines for this model after at least every four years.
The three models used to calculate child support payments that U.S. states follow include the Melson Formula, Income Shares, and Percentage of Income. New York state uses the Income Shares model, which asserts that parental support provided to an offspring should be the same as that provided by parents who live together. It also states that both parents contribute approximate shares of their income to raise the child. The parent with higher income is also mandated to pay more for the support.
How an Attorney Can Help
You should hire a private practice attorney to assist you in establishing or enforcing a child support order. This attorney can also help you especially when you have disagreed with your ex-partner regarding your kid’s concerns. Child support agencies, which are recommended by the federal law do not handle spousal issues regarding child support. Private practice attorneys can best handle matters such as child visitation and custody with a specialty in family law.
A competent attorney should guide you in filing the required paperwork with the judicial system to obtain a child support order. Your attorney can offer you with the assistance of locating your ex-partner and legally serving him or her with a notice stating your interest in a child support order. The notice should also indicate that you want to draft income that your ex-spouse earns.
Specialized software programs are essential in calculating child support payments. Your attorney can advise you on the necessary financial details required to determine the amount your ex-needs to pay for the obligation. After finding out how much should be paid for your kid’s parental support, following up on these payments can be overwhelming.
Enforcement Remedies for a Noncompliant Spouse
If your ex-spouse declines to pay his or her share, you can rely on the court system or child support office to enforce the order. A private practice lawyer could also obtain garnishment orders for the same, especially if your ex-spouse is employed. The lawyer can file a case against your ex for not abiding by the child support order issued by the court. Other enforcement remedies that the lawyer could pursue include placing holds on passports and intercepting tax refunds.
The state of New York has two main types of support payments involved in divorce agreements. With these payments, one spouse will pay their former spouse an agreed-upon amount based on the terms of their settlement.
The first type of support is child support, which involves payments that a non-custodial parent gives to the custodial parent for their child’s upkeep. This is a way of filling their financial obligation as a parent. The second type of support is spousal support. This support is used when there’s a significant pay gap between the spouses, and the lower-income spouse needs payment to maintain financial independence.
Child Support Payments in New York City
Child support laws vary slightly from state to state. Fortunately, New York has passed a Child Support Standard Act. This act, also referred to as the CSSA, helps regulate the calculation of child support payments throughout the state. The goal is to make child support cases follow uniform laws rather than being entirely based on the whims of the judges.
However, child support laws and calculations are extremely complex. They take into account a great deal of different factors. Because of this, it’s imperative that you have a family law attorney help you with the process. They’ll be able to make sure that your rights are respected, that all paperwork is filed correctly, and that all calculations are accurate. An attorney is essential no matter whether you’re the spouse providing support payments or seeking support payments.
Child support payments are determined by considering both spouse’s incomes and the child’s standard of living. Any special developmental necessities or medical conditions will also contribute to the payment amount. Child support payments can be adjusted by the judge if there is a change in circumstances. One example would be the non-custodial parent losing a job, or the custodial parent suddenly gaining significant new income.
The goal of child support payments is to make sure the child is well cared for. The judge must rule with the child’s best interests at heart.
Each parent’s income is calculated by taking the gross amount of their assets and wages, then subtracting deductions like taxes. The final number is the amount of money that goes into each spouse’s pocket. If there are any spousal or child support payments that the non-custodial spouse is already paying, these will be deducted from the total income as well.
New York law has a specific algorithm that calculates the support amount based on the number of children and the non-custodial parent’s net income. Payments must continue either until the children have reached age 21 or become legally emancipated.
Spousal Support Payments
In the past, spousal support payments were referred to as alimony. New York state law considers spousal support to be very similar to child support. Like child support, the amount of the payment is calculated through a predetermined formula. Unlike child support payments, however, the money goes to the spouse rather than the child.
A related type of support is spousal maintenance. This action might be ordered during divorce proceedings, when the divorce has not yet been finalized. Since the couple is still married, spousal support payments have not yet gone into effect. However, some kind of spousal maintenance may be necessary for the lower-income spouse to live independently during the divorce proceedings.
Spousal support payments also bear a similarity to child support in that they may be adjusted if the circumstances change. When the cost of living goes up, a judge may reconsider the amount of the support payments. A judge might also adjust the amount if one spouse’s income changes significantly.
For changes in the payment to be made, one of the spouses needs to file a petition with the court. No matter whether you’re the spouse receiving payment or the spouse giving payment, it’s important to get a family law attorney to help you present your case.
Family law attorneys are familiar with family court and spousal support systems. They’ll be able to make sure your petition paperwork is filed on time and in the appropriate venue. They’ll also review the facts of your case and gather the necessary proof to justify the adjustment.
Changing a support agreement can be difficult no matter whether you want to lower or increase the payments. The original support agreement is considered a binding contract. You need to provide information explaining why that contract is no longer valid and needs to have its terms updated. An attorney can help with this