How to Prove Your Circumstances Have Changed for Child Support

If you wish to reduce the amount of money you’re paying in child support, you will be responsible for filing an official petition in court for a judge to review your case. The child support modification process can vary slightly from court to court, but you can expect that you will need to prove that the circumstances of your case have changed substantially enough to justify a reduction in the amount of money you pay.

Here’s a quick overview of the steps you can take to prove a change in your circumstances for the purpose of child support modification.

• Know the standards: Research child support law in New York and the kinds of standards that typically apply to cases when child support modifications are requested.
• Document employment information: One situation in which people seek child support modifications is if they recently lost a job. You’ll need to prove that not only did you lose your job, but that you are actively looking for a new one. Save copies of job advertisements and applications, and ask companies to provide you with letters proving you interviewed with them.
• Proof of disability: If you lost your ability to work due to disability, you will need proof of this to provide to the court. This includes correspondence with the state disability office, or medical records and a letter from your physician.
• Increased expenses: If your expenses have significantly increased, you will need to document these expenses. It could be another child, a spouse who lost their job, an increase in rent or utilities or a major loan you had to take out.
• Increased income: If your ex has seen their income increase substantially, you could argue that the amount of money you’re paying is no longer necessary. You’ll need to prove that your ex’s income has increased—hearsay is not sufficient.

For more information, contact an experienced divorce lawyer at Bryan L. Salamone & Associates.