Federal workers affected by the government shutdown who receive or pay child support need to address this issue as soon as possible.
Lisa Zeiderman, Esq., CDFA, CFL
Managing Partner | Certified Divorce Financial Analyst
According to Domestic Relations law, you have the right to seek a modification of a child support order upon a showing of a substantial change of circumstances; that three years have passed since the order was entered, last modified or adjusted; or there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted.
For those federal workers who have an obligation to pay child support pursuant to New York State Law and are no longer receiving their paychecks, they should be quickly negotiating a respite from their child support obligations with the custodian parent entitled to receive the child support. In negotiating such an agreement, the parents can provide that if and when the parent obligated to pay child support receives his/her pay retroactively, then such parent can pay the child support that would have been owed.
In the event that such an agreement cannot be reached quickly, then it is likely time to submit a petition or motion to modify their child support obligations based upon a substantial change of circumstances- the substantial change being that the federal worker is no longer receiving his/her pay. As the time for modifying a child support obligation begins upon the filing of the petition and/or motion, it is imperative to file such documents with the Court sooner rather than later.
Likewise, in the event that the parent receiving child support has ceased receiving his/her paycheck, it may be time to renegotiate the amount of child support to be received.