What Are The Reasons That A Court Might
Consider Modification Of Child Support?
Traditionally, you’d need to show a “substantial change of circumstances” to change child support. In 2010, the law was amended to add two other bases to change child support. The first is whether either parent’s income has gone up or down by at least 15 percent. The second is whether 3 years have passed since support was set or adjusted.
This makes it much easier for either party to come into court and adjust child support. The prior law – requiring only a substantial change of circumstances – set a much higher bar. Now, many parties are just using that three-year trigger to go in and file a petition because they don’t have to prove that there is a substantial change. All you have to prove is that three years have passed and then there is automatic re-visiting of support.
If the parties have done either a separation agreement or a stipulation settlement in a divorce case, they can either opt in or opt out from those modification standards. They can change it so that the other party will also have to prove a substantial change of circumstances and they will not get an automatic increase if there is a change of 15 percent or three years have passed. They can even change the legal standard to “unanticipated change of circumstances,” which would be the highest bar that the law recognizes in New York to be able to modify child support.
There is also a provision that if the parties’ agreement does not specifically opt out of the modification standards, they have opted in. They are implicitly agreeing that child support can be modified if there is a change in income by 15 percent or three years have passed.
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How Soon After A Petition Is Served Will
We Have A Court Date?
The answer to this question tends to vary with the county – as well as the urgency of the petition. Certainly, if a person has been assaulted with a weapon, then the court may schedule a very quick date within a matter of a couple of days. There may also be instances where the court is essentially kicking someone out of their house by entering a “stay away” order of protection – which excludes the respondent from the residence they used to live in. In such an event, the court would tend to schedule the initial court appearance relatively quickly.
As far as the time the accused has to respond, the person will go in and usually give a “general denial” in the family court – which is the equivalent of pleading not guilty. This is done orally on the return date of the petition.
They do have the option of filing a formal answer to the petition. It’s something that is not required but I sometimes recommend it. Every single time the case comes back up on that Judge’s docket, the Judge may want to refresh his or her recollection with what the case entails. If s/he cracks open your court file and if the only thing s/he repeatedly looks at is the allegation of domestic violence, those tend to plant a seed in the Judge’s mind. Filing an answer to the petition lays out your side of things and when the Judge reviews your case prior to coming in, they will review both the petition and the answer with what your responses are.
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