Child support is crucial to ensuring the financial well-being of children whose parents are divorced or never married. In New York, the noncustodial parent typically pays child support to the custodial parent. The amount depends on several factors, primarily the noncustodial parent’s income. Yet, life is full of changes and sometimes, these necessitate adjustments to the child support arrangements.
When can you modify child support?
In New York, you can seek to modify a child support order under specific conditions. Firstly, if there has been a “substantial change” in circumstances, such as a significant increase in the cost of raising a child or a change in either parent’s income, you may request a modification. Additionally, if three years have passed since the original order or the last modification, the court may reassess the situation.
Lastly, an involuntary change in income of 15% or more since the last order can also warrant a modification. It is important to note that quitting your job or being fired for cause might affect your ability to lower your child support payments. In such cases, courts may calculate support based on your past or potential earnings.
Steps to modify a support order
If you need to modify an existing child support order, follow these steps. First, gather all necessary information. Gather the names and addresses of the other parent, a copy of the current support order, and the names, addresses, and birth dates of the children. Then, submit a petition for modification.
Once you file your petition, the court will review your case. If the court approves the modification, it will take effect from the date you filed the petition. Act quickly if your financial situation changes because you cannot apply modifications retroactively. This means you remain responsible for any arrears accumulated before filing the petition.
Modifying child support in New York involves understanding the legal requirements and taking timely action. Whether you face a job loss or an increase in expenses, knowing when and how to seek a modification can help ensure that the support order remains fair and reflects current circumstances. Consult a legal professional to guide you through the process and ensure the best outcome for your children.