Written by attorney Bryan L. Salamone

Modification: If you want to pay less in child support or receive more in child support-READ THIS

The Child Support Standards Act is based on an income. The income is usually the last year's tax returns. There are several things that are to be paid by the non-custodial parent which are considered above-and-beyond child support, most notably: child care.

Spiraling day care costs has caused Child Support Orders to be untenable for some. In fact, there are many non-custodial parents who are paying $300.00 per week in child support and an additional $300.00 in day care expenses, thus doubling their original obligation. What happens when the non-custodial parent loses his job or suffers a furlough or layoff pursuant to the widely accepted recession?

Firstly, that person can seek a downward modification of the child support. Without an expert attorney and a well crafted petition, it will not pass. It will fail. But, can that person seek a reduction in the day care costs, which is, at times, the same amount as child support: yes. This is to be done either the guise of custody modification ("I would like to be the caretaker for our child rather than a nanny or a babysitter now that I am not working.") or can be won during support. In a support application it would be a modification to show that the day care being charges is neither reasonable nor necessary while the person is not working.

However, for the Family Court, Support Magistrates became increasingly busy after 9/11. How did this happen?

  1. Everyone claimed that 9/11 impacted their business;

  2. Downward modification flooded the courts at a greater rate than they currently are in this recession; and

  3. Almost every Divorce or Child Support Order based on the 2001 or 2002 taxes for a fireman; policeman; or responder, was artificially high due to the incredible amount of overtime.

If you have lost your job, we will show and explain to you the Herculean efforts that will be necessary to prove to a Magistrate that you are not employable as of the result of this economy or your sector of the economy.

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