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.
A Suffolk New York Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support is a legal document filed in a Suffolk County court when a parent seeks an increase in the amount of child support payments outlined in their divorce decree. This motion can be filed by either the custodial or non-custodial parent and requires a valid reason to justify the requested increase. The Suffolk County Family Court recognizes several types of motions to modify or amend a divorce decree to increase child support. These include: 1. Financial Change: If the requesting parent can provide evidence of a significant change in their financial circumstances or the financial circumstances of the non-custodial parent, it may support a motion for an increase in child support. This could include changes in income, employment status, or living expenses. 2. Increased Child Expenses: If there has been a substantial increase in the child's expenses, such as medical bills, educational costs, extracurricular activities, or child care expenses, the custodial parent can file a motion to modify the child support amount. 3. Inadequate Support: If the existing child support amount is insufficient to meet the child's basic needs, the custodial parent can request an increase to ensure proper support and care. 4. Inflation and Cost of Living Adjustment: In some cases, parents may include a cost of living adjustment (COLA) clause in their divorce decree. If this clause exists, the requesting parent can use it as a basis to seek an increase in child support payments due to inflation and increased living costs. When filing a Suffolk New York Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support, parents should gather relevant financial documentation, such as income statements, tax returns, bills, receipts, and any other evidence that supports their claim for increased child support. It is essential to provide accurate and detailed information to increase the chances of a successful motion. In conclusion, a Suffolk New York Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support is a legal tool for parents seeking to adjust the child support amount within their divorce decree. Parents should consider consulting with a family law attorney to help navigate the process and ensure their case is properly presented to the court.
