Check out these common child support issues. Then, call and set up a free legal consultation with our Rochester child support attorney to get started.
Child Support Issues: My Child Moved Out
Sometimes a child will no longer live with either parent and one parent is paying child support to the other. That parent should go to court right away and try to change the child support obligation and try to eliminate it. Child support is not payable to a parent who does not have their child living with them. If the child is away at college, the courts consider that a temporary relocation of the child and that will not trigger a change in the child support obligation. If the child moves out of the house, is not in school, and is no longer being supported by that parent, typically the courts will allow the child support obligation to be terminated even if the child has not yet turned 21 or is otherwise emancipated.
Child Support Issues: I Want to Change My Child Support Amount
It’s not uncommon for child support amounts to change periodically. The law allows for a review of child support every three years. If there has been a change in circumstances where a parent’s income has gone up or down by at least 15%, it’s not uncommon for a child support to be reviewed periodically and to be changed and adjusted.
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Child Support Issues: I Lost My Job
Sometimes after a child support order is entered, there is a change in circumstances. Those changes in circumstances can include loss of employment or a change in the custody of the child. What we can do is go back to court and get those issues readdressed. If you lose your job based on no fault of your own, you’re typically entitled to change your child support obligation. On the other hand, if you quit your job or get fired, the court generally is not going to allow you to use that as an excuse to change your child support amount. Additionally, if your income increases significantly, the other parent could take you back to court and ask for more child support.
Child Support Issues: I’m Not Receiving Owed Child Support
The child support enforcement unit is a New York State agency. It’s a collection agency and they administer the payments and record-keeping of the child support orders. If your spouse is not paying you your owed child support, they will step in and act as an enforcement.
If you are having child support issues, please call our Rochester family law attorneys to receive a free consultation where we can address these issues.