Beginning a Divorce to Avoid Child Support Enforcement
Under New York State law, when a party enters into a stipulation in a divorce or matrimonial action regarding child support and that party wishes to modify the child support order, the party must demonstrate an unreasonable or unanticipated change in circumstance. Moreover, New York state child support enforcement law requires that a party for a downward modification for child support show that his or her change in circumstances is substantial.
So in other words, in order to avoid potential New York State child support enforcement against a party, that party under New York State child support law, must draft a divorce or matrimonial agreement very carefully.
At Proto, Sachs & Brown, LLP, we have experience drafting such agreements to avoid litigation regarding unanticipated or unforseen circumstances. We can handle issues to lower child support and avoid New York State child support enforcement for clients. Under New York law, child support is handled using a child support calculator and it usually involves a percentage of the income of the parent who does not have child custody. We also handles such cases on behalf of clients to increase child support under New York law.