You must immediately go the the Family Court and file a petition for a downward modification of your child support obligation. You will need to provide evidence that your decrease in income occurred through no fault of your own and that you are doing everything possible to find employment now. Do not wait to file this petition because any modification the court approves will only go back as far as the date you filed the petition, not the date you lost your job or some other date. Good luck!
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Being laid off and out of work is not enough under New York Law to get your child support reduced. The law in New York is that a parent seeking modification of child support provision of prior order or judgment must demonstrate substantial change in circumstances that warrant such a modification.
When a parent seeking downward modification of child support based upon his or her loss of employment, they must demonstrate that loss of employment occurred through no fault of their own and that he or she diligently has sought re-employment. Although practice varies from court to court across New York State, as a general rule, if a parent qualifies for unemployment benefits, the court most likely will accept that their loss of employment was not their fault.
It is the second part of this rule that usually presents the problem for many litigants. The unemployed, or occasionally under-employed, party must prove that he or she diligently sought re-employment. This means more than just saying that "I looked for a job." A diligent job search in the information age means looking on-line, posting a resume on-line, following up on applications or resumes submitted. It requires being proactive. The efforts made in this diligent search can be written or typed up into a nice neat chart, with the names and addresses of employers as well as the contact made and the dates for such. This then can be presented in Court as detailed proof of a diligent job search that satisfies the legal requirements.
You should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.
Attorney at Law
Valatie, New York
The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.
You need to file a downward modification petition. In Westchester that's done at SCU, 100 E. 1st St., Mt Vernon. You also need to conduct a "diligent search" to find another job & document that job search in a job search diary. You should also consider consulting a Westchester Co. Family Law attorney.
Child support Child custody Family court and child custody cases Child support and custody Finances and child support Determining child support payments Child support modification Child support and changes in circumstances Child support and unemployment Employment Unemployment compensation Family law