Support orders are not set in stone. Under certain circumstances a support order can be modified either downwardly by the payor or upwardly by the payee.
In general, support can be modified for the following reasons:
There has been a substantial change in the circumstances of the parent
Three years have passed since the order was issued
A party’s income has increased or decreased by 15%
If the support payor fails to make the required court-ordered payments, the payee can make a motion to enforce. If the support payee can prove that they have not received the right amount of support, or if it is shown that the support payor stopped making payments, there are a number of ways the court can intervene to make sure that support obligations are met. Payees can receive a money judgment for the amount owed, the party in violation can have their assets frozen and their wages garnished, and in some circumstances, the court may order the violator to be incarcerated.
In New York, you can either have a contested or uncontested divorce. In a contested divorce, the parties cannot agree on the terms of their divorce. In an uncontested divorce, the parties agree on terms and do not have to involve the court.
In a contested divorce, after one party files for divorce, one party will ask for a court date. That court appearance is called a preliminary conference. At the preliminary conference, the court sets dates for discovery and gets acquainted with the particular issues in the case.
It is also typical for the court to issue temporary orders regarding custody, parental access, and support early on in a case.
The discovery process helps the parties to delineate and value assets and income. Each party turns over financial documents and can be asked to answer questions under oath.
If, after the discovery process is completed, the parties are unable to reach an agreement on either the financial aspect of their case or on child custody related issues, the court will set a trial date and make a decision resolving these issues.
The attorneys at Green Kaminer Min & Rockmore are experienced in both negotiating divorce settlement and advocating for our clients at trial. We know that you have many questions and concerns regarding divorce. Our legal team strives to build relationships with clients based on integrity, trust, and open communication. We invite you to contact us or call us at 212-681-6400 to set up a confidential consultation.