viktoriyausa писал(а):
А вообще, я для себя поняла одно, нельзя на форумах задавать такие серьёзные вопросы - всё равно никто на них не ответит! ..
Почему? Ответят. Были подобные темы, я помню, но просто редко такое случаеться. Кто-то поднимал такую тему и не раз. Конечно, тут же приходили желающие попинать. У вас видите ли, случай необычный, многих, включая меня, такие вещи шокируют чтоб из хороших условий добровольно переезжать в плохие, когда есть возможность сделать наоборот и мужу переехать к Вам.
Child Support Modification in New York
How Can a Child Support Order be Modified?
Either parent can ask the court to modify or change a child support order. The parent requesting the change must go to court and file a “petition” (legal paperwork) asking for a modification of the child support order.
Parents may seek a modification or change of a child support order based upon a showing of:
•a substantial change in circumstances
•three years have passed since the order was issued, (this only applies to orders made on or after October 13, 2010), or
•a 15% increase or decrease in either parent’s income since the original order was issued (this only applies to orders made on or after October 13, 2010).
Substantial Change in Circumstances
What exactly constitutes a “substantial change of circumstances” varies from case to case. Some examples include changes in a child's medical needs, such as an increase in medical bills for a sick child, a paying parent's illness or decrease in the parent’s income.
Three years have passed
A parent can file a petition for the court to recalculate a child support order from three years prior in situations where either parent’s income has changed.
Change in Income by 15%
If a paying parent’s income decreases by at least 15%, he/she can file a petition for “downward modification,” or a reduction to child support. Parents asking for this relief based on a decrease in income must be able to show the court that the reduced income was not voluntary and that they are engaged in real efforts to secure more income or other employment.
If the paying parent’s income has increased, the receiving parent may petition the court for an “upward modification” or increase to the previous child support order.
If any of the above situations exist in your case, you must go to court and ask for a modification, because the child support order will not automatically change. It is very important that you do not stop making payments as you can be held in “contempt of court,” which means you have violated a court order and can be fined or even ordered to serve time in jail.
What Happens if you Quit Your Job?
It’s never a good idea to quit your job as a way to avoid making child support payments. As mentioned above, a parent must justify a change of circumstances, such as a decrease in income, before a court will modify support.
If one parent voluntarily quits a job, this does not mean that child support payments are no longer required. If the court finds the job loss was voluntary, it will calculate child support payments by “imputing income.” Imputing income means that the court will base your income on what you earned in the past or what you are capable of earning based on several factors, including job history, education, skills, and local employment opportunities.
