Child Support

Today's blog will discuss child support.  Many litigants appear at their child support cases in Family Court without legal representation.  The litigants often are unaware of the law and required documents needed to successfully handle their case until it's too late and the case is over.  Reversing or modifying a court order is a much more difficult and expensive process than having an attorney handle the case properly from the beginning.

The Court requires that a parent bring his or her most recently filed tax return and pay stubs, however what happens if your prior year's return no longer accurately reflects your income?  What happens if you find yourself suddenly laid off from your job through no fault of your own?  These questions need to be answered by a qualified experienced family law attorney.  Documents need to be obtained from your prior employer.  The law needs to be explained to you and questions need to be asked to make sure that when you appear the next time in court with counsel, you will be prepared to go forward with your child support case.

Failure to submit required documents to the court often results in one person "losing" their case due to such insufficiency.  In addition to tax returns and pay stubs, the Court almost always requires that the litigants complete and submit a sworn financial affidavit.  If you are seeking a reduction due to unemployment, a job search diary is necessary. 

There are times that a parent may want to file a new petition to modify a prior order by asking for more money based upon an increase of income of the non-custodial parent.  Recent legislation was enacted making it easier to seek an upward modification on orders that were rendered after a prior trial or hearing.

For all of the above reasons, any person appearing before the Family Court should be sure to at a minimum obtain a consultation from an experiencedchild support attorney.  If possible, everyone should appear with an attorney at their side to guide them through this difficult process.   The Law Office of Vivien I. Stark, P.C. will provide you with an experienced attorney to navigate the court system to achieve the best outcome for you.