When might a court modify child support?
New York matrimonial attorney Evan Schein of Berkman Bottger Newman & Rodd talks about when a court might modify child support.
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A party seeking to modify his or her child support obligations would have to demonstrate to a court that there has been an unanticipated change in circumstance. Now when a court is considering what is the change in circumstance the court will want to know and look to that parties financial situation. Did something change? Did the party who is requesting to modify their support obligations lose their job? Did they take a pay cut at work? Was there an unexpected thing that happened that caused that party to be unable to his or her respective financial obligations?
Now when looking to whether any of that occurred in the situation of a job loss the court is going to want to know did that party send out résumés, send out cover letters, did they do everything he or she could possibly do to find a job commensurate with past earnings and past employment to meet that obligation? But generally speaking, a court when faced with a question of should the decrease support obligations will want to know did an unexpected substantial change in circumstance occur.