Robert G. Smith, PLLC
212-499-0940

Determining when to ask for child support modification

A noncustodial parent who is paying child support and who experiences an adverse change in financial circumstances may be able to request a support modification order. However, it is important to know where the modification request should be submitted. This is important because filing in a particular state may be more advantageous to whoever is making the request as many states have their own ways of calculating support obligations.

If a state does not have jurisdiction, it cannot make a ruling, and a petition to modify a current support order would have to be filed elsewhere. To clarify the jurisdictional issue, the Uniform Interstate Family Support Act is designed to determine where such a request can be made. It says that a state has jurisdiction as long as the person making the payments, the person receiving the payments or the child has a connection to that state.

In the event that a child's parents live in two different states, an order from the child's home state takes precedence. Should no order exist from the child's home state, the most recent ruling from a state with jurisdiction in the matter is the controlling order.

Child support payments are designed to protect the best interests of a child. Therefore, support must be paid as ordered until such a time that the order is changed or expires. Those who wish to change the amount that they pay may wish to obtain the assistance of an attorney who has experience in family law matters. If there has been a significant change in circumstances, a judge may agree to a modification of the support order.

No Comments

Leave a comment
Comment Information

Get The Help You need

If you would like to talk with me, call my office in Manhattan at 212-499-0940 or contact me online.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today

Robert G. Smith, PLLC
950 Third Ave., 11th Floor
New York, NY 10022

Phone: 212-499-0940
Fax: 212-499-9091
New York Law Office Map