When a New York court determines that child support should be paid by one parent for the benefit of their child and sets an amount that the payer will provide on a monthly basis, the determination is based on what the court judges to be in the best interests of the child. Generally, a paying parent is the noncustodial parent and that parent’s financial contributions to the needs of the child may seem to exceed the financial contributions made by the custodial or nonpaying parent. However, a custodial parent is also expected to financially contribute to the child’s needs in addition to providing the day-to-day support that is required to raise a child.
A child’s needs may change over time, and so too may a parent’s ability to maintain the level of financial support they are asked to provide through their child support order. When circumstances change concerning a child support obligation, paying parents and custodial parents may find themselves caught in child support disputes regarding how to best provide for their shared kids.
If their child support obligation was established through an agreement, it is possible that they may have built in provisions for how to handle such disputes. In other situations, where parents’ obligations were established through court orders, the parents may have to return to court to discuss their differences and find a judicially-created resolution.
A change in a child support obligation may come from a modification that increases or decreases the paying parent’s monthly commitment. It may require the development of a new child support order. When disputes arise between parents regarding the financial support of their kids, parents are advised to consult with their family law attorneys to have their specific questions answered and their particular legal needs addressed.