Petition to Terminate Child Support Dismissed in Westchester County Family Court
Under the law, an individual who is obligated to pay child support may petition the court for a reduction or termination of child support if there is a change in circumstances. One of the most frequent reasons alleged as a change in circumstances is a change or loss of employment. However, a change or loss of employment is typically not enough to justify a change in child support. The petitioner must demonstrate that they did not lose their job due to their own actions, that they did not leave the employment voluntarily and that since the loss of employment, they have made diligent efforts to seek a new job. In some cases, a downward modification of child support can be justified by a significant reduction or loss of income.
Recently, one of our client's was forced to defend her right to collect child support from a man who voluntarily moved across the country and then changed his job. The petition sought to terminate his child support obligation and eliminate the amount he owed for not paying his child support during the period of time that he was unemployed.
Prior to hiring the Family Law attorneys of Proto, Sachs & Brown, LLP the Family Court had issued a temporary order suspending the man's child support and leaving the client to support her two children on her own. That all changed once she turned to our office for assistance.
After a lengthy trial in the Westchester Family Court in White Plains, NY, the Support Magistrate determined that the child support obligation should not be terminated and that the petition should be dismissed. Further, the client was awarded all of the child support that was due to her, even for the period where the child support was suspended.
If you are involved in a child support case in Westchester, Putnam, Orange, Dutchess or Bronx County, please contact our knowledgeable child support attorneys to find out how we can assist you. Call for a Free Consultation - (914) 946-4808.
