Modification of Maintenance and Child Support Obligations in Westchester
If my spouse refuses to allow me to see my children, can I unilaterally
stop paying my child support?
No. In these circumstances it is advisable to seek the assistance of a
child support attorney to assist you in filing an application with the court to suspend
or terminate the child support obligation. Under the
child support laws, the child's right to receive appropriate support is greater to the
parent's right to access or visitation. Only in instances where it
has been demonstrated that custodial parent receiving child support has
interfered with or withheld visitation will a New York Family Court suspend
the child support or cancel any arrears that accrued during the time that
visitation rights were affected.
I can not afford to pay my court ordered maintenance. What are my options
in Westchester County, New York?
The Supreme Court of the State of New York (located in White Plains, NY)
and the New York Family Courts (located in White Plains, New Rochelle
and Yonkers, NY) have the authority to modify
maintenance awards contained in a Judgment of Divorce. Judgments of Divorce requiring
the payment of spousal maintenance entered after July 19, 1980 may be
modified or changed to decrease (a downward modification) or increase
(an upward modification) upon demonstrating that the spouse receiving
the maintenance is able or unable to support themselves financially, or
showing the existence of a substantial change of circumstances, which
in many cases includes financial hardship. This ability to modify a maintenance
obligation also is available in circumstances where a separation/settlement
agreement has been incorporated and merged into an order or judgment of
divorce, thereby ceasing to exist as a separate enforceable agreement.
Will a Westchester, NY Court eliminate maintenance arrears?
Absent a showing of good cause on the part of the defaulting spouse in
asking for relief from their obligation to pay the spousal maintenance,
any arrears which have accrued under a judgment or order prior to the
filing of a petition or motion for modification will not be modified or reduced.
I was ordered to pay child support as part of my New York Judgment of Divorce
and I can no longer afford to pay. What are my options?
The Supreme Court of the State of New York and by the New York Family Court, may
modify an order of child support upon demonstrating a substantial change in circumstances, which may include
My settlement agreement was incorporated in and survived my judgment of
divorce. What can I do if I can no longer afford to pay the child support
In such an instance, where a settlement agreement is incorporated in a
judgment of divorce and continues to exist as a separate agreement after
the divorce judgment is made, the Court may modify the child support obligation
if there is shown an unanticipated and unreasonable change in circumstances
evidenced by financial need. If the needs of the child are not being met,
the Court may increase child support.