There are an increasing number of modification questions coming into our firm. Modification of a child support order is slightly different than modification of a child support agreement. It is more rare that a court will order a modification of a child support agreement because it interferes with parties right to contract. Child support agreements are however incorporated into judgments of divorce and are enforced the same as a child support order. It is just a more difficult burden to meet in order to have the court modify the agreement.
If you have a child support agreement or child support order and are having problems making payments or having problems collecting monies owed to you, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC, at (516) 858-2620 to speak with a family law attorney!
Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.
Many New York residents are unclear about what it takes to qualify for divorce. Putting residency requirements aside and before you get into property dispute issues, there exists a hurdle that must be met under New York law. This is to say that you need a legally acceptable reason to terminate a marriage. New York is not a state that accepts Irreconcilable Differences in its Domestic Relations Law. This has caused a great deal of controversy and has garnered much attention over the years. A March 31, 2009 article in the New York Daily News by Jose Martinez touched on how this has caused New York couples unnecessary aggravation (http://www.nydailynews.com/ny_local/state_of_shame/2009/04/01/2009-04-01_how_albany_is_divorced_from_real_world_n.html).
Domestic Relations Law in New York provides the acceptable divorce grounds to be:
1) cruel and inhuman treatment
2) abandonment for a period of 1 year or longer
3) imprisonment for a 3 year period subsequent to the date of marriage
4) adultery
5) conversion of a judgment of separation
6) conversion of a separation agreement after 1 year
Please note that New York now allows a no-fault divorce under DRL section 170(7).
Not sure if you fall into one of these categories? Call the Law Firm of Vaughn, Weber & Prakope, PLLC today at (516) 858 – 2620!
Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.
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