Can I Modify My Child Support Order in New York?
Yes, but there is a caveat. In New York State, either the custodial parent or the non-custodial parent can petition the Family Court for a modification of child support. In either case, there are two facts that the petitioner must establish. First, the petitioner must show that there has been a substantial change in circumstances. Second, 3 years must have passed since the order was issued, or there must be at least a 15% increase or decrease in either parent’s income since the original order was issued.
What constitutes a substantial change in circumstances?
New York case law holds that for there to be a substantial change in circumstances, the petitioner must show that under the current order, the child’s needs are not being met. Alternatively, they can establish that there has been an unforeseen change in circumstances and that the child support agreement was unfair when it was made. The petitioner is responsible for alleging the basis for a child support modification and then proving that basis with evidence.
So, what constitutes a “substantial change in circumstances”? The law requires that the changed circumstances must be unanticipated like the loss of a job. In the case of Zenz v. Zenz, the petitioner’s request for child support was denied because the items the petitioner listed as “substantially changed” either existed at the time of the original support order or could have been reasonably anticipated by the petitioning party.
The standard of proof is high when it comes to proving that circumstances have “substantially changed.” A Rockland County child support lawyer can help you argue your case before the judge and improve your chances of getting a modification.
Change in income
Under New York State law, an individual can request a child support modification when there is a 15% change in either parent’s income. Courts generally only entertain a child support modification after it has been in effect for three years. However, if there is a 15% or greater change in a parent’s income, that constitutes a “substantial change in circumstances,” and the courts will consider the issue.
A change in income is one of the most common reasons noncustodial parents petition the court for a downward modification of child support. Loss of employment remains the number one reason for a loss of income. The loss of employment must not be due to the petitioner’s fault. They must also make an effort to find a new job. If these conditions are not met, the court will not grant a child support modification. The petitioner will have to continue to pay the same amount. The court does not allow parents to quit jobs in order to avoid making child support payments.
Talk to a Westchester County Divorce Lawyer Today
The Law Offices of Robert S. Sunshine represent the interests of parents who are attempting to recover child support from their former spouses. We also help parents petition the courts for a child support modification. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing these matters right away.
