Modifying Child Support Orders or Agreements in New York

Life circumstances change, and sometimes child support orders need to be adjusted to reflect those changes. In New York, you have the right to seek a modification of an existing child support order or agreement under certain conditions. Our experienced attorneys at Veridian Legal can guide you through the process and advocate for your child's best interests.

Modifying Child Support Orders in New York

Child support orders aren't set in stone. Whether you're the paying or receiving parent, you can seek to modify an existing order if certain circumstances have changed. New York law allows for modifications to be made in both Family Court and Supreme Court, depending on the specifics of your case. Generally, if the initial order was established in Family Court, the modification will also be handled there. If the order was part of a Supreme Court divorce decree, the modification will be handled in Supreme Court.

Grounds for Child Support Modification

Not just any reason will allow a child support order to be changed. The law outlines specific grounds for modification, which include:

• Agreement by the Parties: If both parents agree to a change in the support amount or terms, they can submit a written agreement to the court for approval.

• Substantial Change in Circumstances: This broad category covers various situations, such as a significant change in either parent's income, a change in the child's needs (e.g., medical expenses), or a change in custody arrangements.

• Three Years Have Passed: Even without a major change, either parent can request a modification if three years have passed since the order was last modified or adjusted.

• 15% or Greater Change in Income: If either parent's gross income has changed by 15% or more since the last order, this can be grounds for modification.

Modification by Agreement

If you and the other parent can agree on a modification, this is often the simplest and most efficient way to change a child support order. You'll need to formalize your agreement in writing and submit it to the court for approval.

Substantial Change in Circumstances

This is a common reason for modifying child support. Examples of substantial changes include:

• A parent losing their job or experiencing a significant decrease in income

• A child developing special needs requiring increased financial support

• A change in custody arrangements

• A child enrolling in college or moving out of the home

Three-Year Rule for Modification

Even if there hasn't been a major change in circumstances, New York law allows for modification if three years have passed since the order was last adjusted. This provides an opportunity to revisit the order and ensure it still aligns with the child's needs and the parents' financial situations.

15% Income Change and Modification

If either parent's income changes by 15% or more, this can be grounds for modification. The court will calculate the change based on the Child Support Standards Act (CSSA) formula.

Modifying Child Support Agreements

If you have a child support agreement that was incorporated into a divorce judgment or separation agreement, you can also seek to modify it under similar circumstances as those for court orders.

Child Support Modification FAQ:

• What if the other parent refuses to agree to a modification? If you can't reach an agreement, you can file a petition with the court to request a modification. The court will then hold a hearing to determine whether a modification is warranted.

• How long does the modification process take? The timeline varies depending on the court's schedule and the complexity of your case.

• What if I can't afford a lawyer to help me modify support? You may qualify for free or low-cost legal assistance. You can also ask the court to order the other parent to contribute to your attorney's fees.

• Can I modify child support if I move out of state? Yes, you may need to modify the order to ensure it can be enforced in both states.

• What if the other parent isn't following the current support order? You can file a petition for enforcement to compel the other parent to comply with the order.

Do I Need an Attorney to Modify a Child Support Order?

While you can represent yourself in a child support modification case, it is highly recommended to have an experienced attorney on your side. Child support laws and procedures can be complex, and an attorney can help you:

• Understand your rights and options.

• Gather and present the necessary evidence.

• Negotiate with the other parent or their attorney.

• Advocate for your child's best interests in court.

Contact Veridian Legal for Child Support Modification

Modifying a child support order can be a complex process, especially if there is disagreement between the parents. Veridian Legal's experienced attorneys can help you navigate the legal requirements, gather the necessary evidence, and advocate for your child's best interests. Contact us today for a consultation.