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Upcoming Changes for Support Modifications as Referenced in Family Court Act

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New amendments to section 451 of the Family Court Act are set to go into effect on December 22, 2014. These changes will result in new requirements for parties seeking to modify an order of support. Mainly, a petitioner– the party that is seeking to modify the monthly support obligation– will be mandated to include an affidavit in addition to other evidentiary support to establish why the relief requested should be granted by the court.

Essentially, this translates to the court requesting additional proof from a party that is looking to change their monthly child support payment and will likely effect those who are looking to reduce the amount previously ordered by the court. Perhaps loss of employment or unanticipated financial difficulties will satisfy the court’s burden of proof however, the legal community will not fully see the results until after January 1, 2015.

Additionally, the amendment sets forth that the court may choose to refuse a hearing if the appropriate affidavit and supplemental evidentiary support have not been submitted. The final change that will result from this amendment is that the affidavit need not be filed in tandem with the modification application, but rather must simply be received within a certain period of time after the petition is submitted to the court.

If you are attempting to increase or decrease the amount of child or spousal support that you presently receive or pay, or if you have additional questions regarding the rights and concerns of you and your family during divorce or separation, contact the offices of Jay D. Raxenberg to speak with an experienced and qualified matrimonial attorney. Please call (516) 491-0565 or toll free at (888) 543-4867.

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