5 Child Support Tips

Did you get a divorce and have children? Check out our 5 child support tips for legal guidance, then contact our Saratoga attorneys today.

1. Child Support Order Changed Because of Job Loss

• The most important thing to do if a lost job makes it necessary to modify or reduce a child support order is file a petition to modify support in the family court as soon as possible.
• Time is of the essence here, because any reduction in support will be retroactive only to the petition’s filing date.
• Support is not automatically reduced. It is up to the payer to file a petition to make the court aware of the circumstances so that a proposed modification can be addressed.

2. Ex Quits Their Job to Reduce Child Support

• Child support is not automatically reduced by loss of a party’s job.
• The parent seeking reduction or modification bears the burden of application to the family court.
• The court may not view someone’s voluntarily quitting their job – or being fired for cause – as a change in circumstance that warrant modification of child support because the action was the fault of that parent.

3. Child Support Calculations if One Parent Works Off the Books

• If the parent has a standard of living that is not explained by the income that they do report, we will attempt to gather enough information to establish that standard of living
• These are difficult cases, and it is best that you speak with your Attorney about all the different ways that your Attorney might be able to establish an income base

4. Payment for Extracurricular Activities

• There are a number of mandatory add-ons to the Child Support payment made by the non-custodial parent, which excludes Extracurricular Activities
• The mandatory add-ons are health insurance premiums, un-reimbursed medical and dental expenses, and day care expenses
• Neither parent is mandated to pay for those expense, or to sign the children up for those extracurricular activities
• If it is important to that parent or both parents, they should find a way to share in the cost of those expenses

5. Spouse Lives in Another State

• If your spouse resides in another state, you may not be able to file for Child Support in New York State
• If we do not have the jurisdiction over your spouse required to file in New York State, you are going to have to file for Child Support through an inter-state proceeding

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