Law Office of Jeffrey W. Johnson
Law Office of Jeffrey W. Johnson
  • 36 Richmond Terrace
    Suite 202
    Staten Island, NY 10301
  • Call Now For A Free Consultation!

    (718) 557-9767

    We Have A Sliding Fee Scale!

There are two cases where a parent may be unable to pay for child support. One is if a party is filing a downward modification for child support, and the other is where a party is being brought to court on A violation FOR not paying child support. To get a downward modification, you’d have to show a severe change in circumstances since the previous order was entered. It’s not easy to get a child support modified downward. To do so, you must show that you lost your job through no fault of your own and tried to find a job that would pay the same or more as the previous job. You could also show that the company you worked for went out of business, so the job is not available anymore. Or perhaps THAT you became disabled. Especially if you’re receiving disability from the government, this can be a strong argument. You could also show that there’s been some outside force (like a pandemic) that made it impossible to make the SAME kind of income as before.  I’ve even seen cases where SOMEONE IS on disability and they still didn’t get a modification from Family Court.

If you’re being sued or brought to court for a violation of child support, WHICH, in New York, is punishable by a maximum of six months in jail, you have to show similar evidence. However, the stakes are even higher because you’re being threatened with incarceration. You must show that despite the barriers, you’ve done everything you could do to make whatever amount of payments you could.

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.

For more information on Family Law In New York,free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.

 Law Office Of Jeffrey W. Johnson.

Call Now For A Free Consultation!
(718) 557-9767
We Have A Sliding Fee Scale!

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