Obtaining a child support modification in New York

Although a child support order may be acceptable at the time it is issued by the court, there may come a time when it has to be modified. Perhaps you have lost your job or had your hours cut back. If you are the custodial parent, then maybe your child’s needs have changed, and you need your ex to make a bigger contribution. Whatever the reason, you or your former spouse/partner may seek a modification of the original child support order under three main circumstances.

Substantial change in circumstances

The court may modify a child support order if either parent can demonstrate substantial changes in circumstances. Examples of acceptable changes include:

• Change in parental income (higher or lower)
• Increased costs of raising a child
• The child’s medical or educational needs have changed
• The child’ going to live with the noncustodial parent full-time
• The child becomes emancipated and goes to work full-time

Three years have passed since the order was last changed

After three years have passed, you or your ex may seek an upward or downward modification. The court will review the calculations that generated the original support order and make adjustments if they are warranted.

Either parent’s gross income has involuntarily changed

If either parent has experienced an involuntary increase or decrease of 15% or more since the order was last entered or changed, a modification may be requested. In the case of a downward modification, the parent must prove that they are actively looking for a better-paying job. It is important to note that voluntarily quitting a job or switching to a lower-paying one will not satisfy this condition.

If you find yourself in a situation where you have lost your job, or your child has recently been diagnosed with a serious medical condition, then seek a support modification as soon as possible. Waiting can actually put you at a major financial disadvantage: for example, if you have been laid off, cannot make the required payments and do not petition for a modification right away, then you will still be responsible for paying any arrears that may accumulate prior to the date you file.

A New York family law attorney can provide invaluable assistance in getting the terms of your child support agreement modified so that it reflects the reality of your present financial circumstances. Even if you come to a private agreement with your former spouse/partner, paying any less than the amount specified in the original support order is technically a violation of a court order. Your attorney will make sure that any new agreement is legally valid, preventing future complications that could compromise your finances and even your freedom. The attorneys of Eskin & Eskin, P.C., a family law office for family law matters, offer compassionate representation. Their office is located near the Bronx County courthouses and they can be reached at 718-402-5204 for free consultations. Visit www.EskinAndEskinLaw.com to learn about the lawyers’ 20+ years of experience.