A Nassau County Divorce Lawyer said this appeal concerns the dismissal of a father’s petition for a downward modification of his child support obligation and the lower court’s determination that he willfully violated an order of child support.
A court may modify a child support order when the party seeking the modification can show a substantial change in circumstances. Such a circumstance can be the loss of employment. However, a Suffolk County Divorce Lawyer said the termination of employment must through no fault of his or her own, and that he or she has made “diligent attempts to secure employment commensurate with his or her education, ability, and experience.”
A Nassau County Child Support Attorney said the Appellate Division agreed with the Family Court’s determination. The father’s credibility of the father’s testimony was in question. He “failed to adduce sufficient credible evidence” to show that he lost his employment without fault of his own and “that he diligently sought re-employment commensurate with his earning capacity.” Therefore, the father was not entitled to a downward modification of his child support obligations.
Understanding one’s child support obligations leading up to and following a divorce can be difficult at times. If you are contemplating divorce and have children seek the advice of the experienced divorce attorneys at Simonetti & Associates.
