Syracuse Child Support Modification and Termination Lawyer
Onondaga County firm handles revisions of New York Family Court orders
Sometimes for financial or other reasons, child support orders no longer fit the current situation. The Bombardo Law Office, P.C., in Syracuse, assists parents seeking to modify and terminate orders when circumstances change. As an attorney with three decades of experience in New York family law, you can trust my firm for sound guidance and effective legal support.
Understanding child support modifications
A child support modification is an adjustment to the existing order by the court. Modifications may be granted when there is a substantial change in circumstances, such as a revision to custody terms, a significant shift in either parent’s income, or events necessitating an adjustment in a child’s medical or education expenses. Parents can also seek modification in New York if three years have passed since the last support order. I can help you determine whether your situation may qualify as a substantial change and assist you with the petitioning process.
Circumstances for terminating child support in New York
Parents are usually obligated to pay child support in New York until their children reach 21 years old, unless there is a court order specifying a later age due to special needs or college attendance. However, there are circumstances in which support can be legally terminated before a son or daughter turns 21. They include when children become emancipated due to:
- Marriage
- Financial independence
- Joining the military
- Leaving home (between 17 and 21 years of age) and not following reasonable wishes of parents
If one of these events occurs, you can’t simply stop paying. You have to obtain a decision from the court that your child is emancipated. My firm can assist you in identifying the evidence needed to do so.
Potential risks and consequences of stopping payments without court approval
Stopping child support payments without court approval can prompt enforcement actions to collect arrears. These actions can include:
Wage garnishment, liens and freezing of financial assets
Interception of federal and state tax refunds
Suspension of driver’s and professional licenses
Reporting to credit agencies
Interception of lottery winnings
There is also potential for jail time for intentional and continuing nonpayment. If you are already behind on support or are having difficulty paying, I can assess your situation and discuss a potential modification. and possible options for satisfying the arrears. My firm aids both paying and receiving parents in child support modifications and enforcements.
Legal process for modifying or terminating orders
There is a specific legal process to modify or terminate support orders that must be properly followed. It usually includes the following steps:
- Gather evidence/documentation supporting your request for a modification or termination.
- File the appropriate petition with the court.
- Serve the petition on the other parent.
- Attend the court hearing, along with the other party.
- Present your case for a modification to the judge or support magistrate.
I will guide you through each step in the process to ensure paperwork is correctly filed, and argue in your interests before the court.
How often can child support be modified?
Modifications to child support can be requested after three years from the original order or previous modification, even if no substantial change has occurred. An order can also be modified at any time if a parent or child’s circumstances shift and the judge agrees that the change is substantial enough to warrant a modification. In either case, the requester must navigate the legal modification process rather than taking action on their own.
Contact my Syracuse law firm for help modifying or ending child support
At Bombardo Law Office, P.C. in Syracuse, I have over 30 years of experience effectively assisting Central New York parents in modifying and terminating child support orders when life circumstances change. You can speak with me by calling 1-315-488-5544 or contacting me online to schedule a consultation.