This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Divorce Modification With Child In New York
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Multi-State
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US-00004BG-I
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FAQ
Work with your lawyer to persuade the court how the change will benefit the child: Prepare to demonstrate to the judge how your proposed modification to child support benefits your child. Usually, a change on its own won't suffice to justify a modification in child support.
50/50 custody is a joint custody arrangement where the parents share equal (50/50) parenting time with their child. A New York court will award joint 50/50 custody if it determines that doing so is in the best interest of the child.
If you and the other parent are able to come to an agreement about the changes you are requesting, you may be able to avoid a court hearing.
The CSSA establishes child support amounts that allow children to have an appropriate standard of living, based on the income of their parents. Both parents' incomes are considered in the formula even if they have joint custody, because both parents have the duty to support their children.
A: The disadvantages of 50-50 custody are that children have a less stable living environment and must frequently move between homes. It can be complicated for both parents and children to frequently switch between homes.
Change (modify) your child support order: Either parent's gross income has changed by 15% or more since the order was last established, modified, or adjusted. A reduction in your income cannot be by your own choice. One or more children on your order have emancipated (e.g., turned 21, married, joined military).
In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one "custodial parent"? Generally, the lower-earning parent will be treated as the “custodial parent” and the higher-earning parent will end up paying child support.
To seek a divorce modification in New York, a party must file a petition with the court. Both parties involved will have an opportunity to present their case.
Yes, you can amend a marital settlement, with both parties agreeing.