How long befor redoing a support order?

How long has it been since your order for support was entered before the court? Have circumstances changed since that order for support was signed by the judge? Has there been a significant change in circumstances such as job loss or job enhancement? Has the need for support increased or declined since the order for support was entered?

If you are like most people, you are currently operating under a support order, which is currently out of touch. Whatever the statutory guideline amounted to at the time the order was entered; it’s likely that the terms are not being complied with, under the terms of the order. For example, if the court ordered that 20% of the payor’s net income go towards the support of the minor child, and the payor has had a significant increase in income since the time the order was entered, the child is clearly not receiving what the court nor the legislature intended the child to receive. Play to counteract this, is to bring a motion before the court for a modification and/or increase in child support. The payor will have to produce proof of income, which can include recent paycheck stubs, the most recent year’s income tax filing, and any other source of income that he or she may have received in the last year. The payor may be willing to submit this information voluntarily or he or she may produce such information only after the filing of a subpoena to produce such documents. In any event, once the information is provided, the attorney for the payee can make an educated estimate of what the proper amount of support calculates to at the present date.

The payee may be surprised to see that the payor’s income has increased significantly. The payor may be shocked that he or she must pay an additional amount per month then what was originally ordered by the court.

The bottom line is that the court and the legislature provided a means to determine the proper amount of support. The court also provided the means to go back to court and have the amount adjusted for present day circumstances. The payor also has the ability to petition the court for a proper reduction is circumstances have changed. The goal is to simply get the proper percentage corrected. The goal is not to provide an arena for protracted litigation on the issue of support.

This article was wrote by David Siegal from

  http://www.divorce-lawyers-newyork.com/

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