A Parent Can Ask the Court to Change a Child Support Agreement or Order

Once an order is issued or the parents agree to child support payments, the parents have the ability to go back to court and modify the order under certain circumstances.

Child Support Modifications can be Filed in Family Court or Supreme Court

A parent can file a petition to modify a support order in New York Family Court. The petition is very similar to the original petition that a parent files. A sample petition is located on the Family Court website. The petition must include the names and addresses of the parents, the names and addresses of the children, the original order, and the reason for the modification.

If the parents were married, a motion can be filed in Supreme Court requesting the judge change the support order.

When Can Child Support be Modified?

Child support cannot be modified because one parent is not happy with the court’s ruling. Child support orders can only be modified under 4 circumstances:

1. Agreement by the Parties;

2. A substantial change in circumstances;

3. Three years have passed since the order was entered, last modified or adjusted; or

4. There has been a change in either party’s gross income by fifteen percent.

Modification by Agreement

If the parents settle their divorce or support matter, a written agreement is signed by both parents and then ordered by the court. The parents can include language in the agreement that allows them to modify child support for any reason they believe is just.

A Substantial Change in Circumstances

Support can be modified if there is a substantial change in circumstances. Courts have found a substantial change in circumstances to include:

• a change in physical custody;

• a loss of employment;

• the best interest of the child is met by changing the order;

• a child’s enrollment or college or leaving the home.

When determining a substantial change in circumstances, the courts consider:

• the increased needs of the children,

• the increased cost of living insofar as it results in greater expenses for the children,

• a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and

• the current and prior lifestyles of the children

The court compares the parents’ current financial situation to their circumstances when the original order was issued.

Three Years have Passed

Either parent can file a petition for modification if three years have passed since the last order was entered. A parent needs to decide if it is worth filing a modification and consider all factors, including attorney fees and whether the filing of the petition will cause strife between the parents.

15% Decrease in Income

A parent can file for a modification if their income has decreased by 15% or the other parent’s income has increased by 15%. Income is determined based on the formula in the Child Support Standards Act. The decrease has to be more than temporary. If a parent is alleging their income has decreased because they lost their job, the parent must show the court that it occurred through no fault of the parent and the parent has diligently sought re-employment.

The court can disregard a parent’s loss in income if they believe the parent is purposefully diluting the amount of money they receive.

Daniel Szalkiewicz & Associates Can Help Your Modification Process

Daniel Szalkiewicz and Cali Madia are experienced attorneys at litigation modification cases in both Family Court and Surpeme Court. We help parents argue in court and reach agreements on the amount of child support