This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
New York Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support is a legal process that allows a parent to request an adjustment in the established child support amount due to a change in circumstances. It is crucial to understand the intricacies of this motion to navigate the legal system successfully. Types of New York Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: 1. Substantial Change in Circumstances: This type of motion is filed when there has been a significant change in the financial situation of either the custodial or non-custodial parent, such as a job loss, promotion, or a substantial increase in income. The party seeking the increase would present evidence and compelling arguments highlighting the changed circumstances. 2. Financial Hardship: A motion based on financial hardship is filed when the custodial parent experiences increased expenses due to the child's needs or unexpected financial burdens. The parent would need to provide evidence, such as medical bills, educational expenses, or evidence of an increase in the child's cost of living, to support their claim for an increase in child support. 3. Inadequate Support Amount: This type of motion is filed when the current child support amount is deemed insufficient to meet the child's needs adequately. The parent seeking the modification would present evidence that the child's necessities, such as healthcare, education, or basic living expenses, are not adequately covered by the current child support arrangement. 4. Significant Change in Child's Needs: This motion is filed when the child's needs have substantially increased due to changed circumstances, such as changes in their health condition or educational requirements. The parent seeking the increase would need to provide evidence, such as medical reports or educational evaluations, to justify the need for additional support. 5. Parental Income Disparity: A motion based on parental income disparity is filed when there is a significant difference between the incomes of the custodial and non-custodial parent. The custodial parent would argue that the current support amount does not adequately reflect the non-custodial parent's ability to contribute to the child's expenses. When filing a New York Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support, it is crucial to adhere to the specific legal procedures. Hiring an experienced family law attorney is recommended to gather relevant evidence, draft compelling arguments, and navigate the complexities of the legal process. This will significantly increase the chances of a successful outcome and ensure that the child's best interests are protected.
