After a divorce or separation, a child support order can be essential. These orders lay out clear rules on how much support a child needs from their parents and who will provide it. But while these orders can provide stability, they can also cause problems when they no longer line up with reality.
In some circumstances, you may need to modify a child support order in New York, and that’s allowed under the law. However, you may need to petition a court for a modification. There are very specific reasons you’ll need to show a court for them to consider a change, and we’ll cover these below.
When Can You Modify a Child Support Order?
There may come a time when you need to modify the support order, but New York only allows courts to do so for specific reasons. For a court to consider a modification, you need to show at least one of these reasons:
- A supporting party has had a substantial change in circumstances. This is one of the main reasons that a court can modify a child support order. But what counts as a substantial change depends upon the facts of the case and the situation you find yourself in. Typically, substantial changes involve an increased cost to care for the child, reductions in your income, and other significant life events. If a parent is incarcerated, this could also qualify as a substantial change, provided the parent wasn’t incarcerated for a failure to pay child support.
- Three years or more have passed since the order was created or modified. Circumstances change all the time, but the law doesn’t allow courts to modify child support orders any time they like. This three-year waiting period reduces the burden on courts and reduces the number of petitions they need to hear.
- One of the parties providing support has had a major change in their income – typically a 15 percent or larger change. It could be that you or the other parent has gotten a significant promotion, you’ve suffered pay cuts, or lost work. If the reduction in income was involuntary, and you’re actively seeking work, you may be able to request a modification.
If you’re wondering whether you could seek a child support order modification, speak with an attorney about your situation. They can let you know if you could qualify, then seek the modifications you need.
New York Family Law Attorneys Helping You
Life changes all the time, and if you need to update or modify your child support order, The Mandel Law Firm can help. Our experienced New York City family attorneys will give you the individual attention, guidance, and qualified representation you deserve. We have earned a reputation as aggressive defenders of our clients’ rights and interests, and we’ll be ready to put our skills and resources to work for you.
We are proud New Yorkers committed to helping people like you and families like yours through even the most complex family matters. We have the skills and resources necessary to make a difference for you. Find out why so many people have turned to our attorneys and staff for help with divorce, child support, support modification, and other legal family matters. We’ll be ready to discuss your situation in detail and get to know you, your goals, and what a desirable outcome would be.
To learn more about how we could help you with your child support order, call (646) 770-3868 or use our online contact form to get in touch today.