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Do I Still Have to Pay Child Support if I Can't Afford It?

Do I Still Have to Pay Child Support if I Can't Afford It?

Posted By Meyers Law Group, P.C. || 2-Oct-2013

The thing is, there is still a way to have an income even if you do not have a salary. This could look like receiving payouts from workers' compensation, pensions, stipends, or annuities, etc. A New York court will also count benefits, such as disability, unemployment, and social security benefits, as income when it comes to child support. If you receive public assistance, however, then the amount you get would be deducted from calculating the combined parental income.

Still think that the court-ordered payments are too high to meet? Then you can argue your case in court. If you can prove that the payments are unfairly high compared your finances, then you may be able to get a judge to modify the court order. This can be possible even if you are asking for the modification after a considerable amount of time has passed since the court order was put in place.

For example, what if child support was ordered before you lost your job (or your finances changed significantly)? In that case, you may be able to get these payments modified. If you can prove that you have sustained a substantial and lasting change in your finances, then you may be able to have child support payments reduced. You have to file with the same court that gave the original orders, and you have to do this even if the other parent agrees that payments can be lowered. The court is the only one with the authority to change child support.

Your financial future can be a great concern weighing on your mind as you enter a divorce. You can face this time with more confidence if you have understand how the divorce process works, and if you have wise legal counsel on your side. To find the answers and expertise you need to protect your financial future, contact a skilled Long Island divorce attorney today. At the Meyers Law Group, P.C., we have years of experience helping families successfully make the transition to a new chapter in life.