Modifying Child Support in New York

Helping You Update Your Child Support Agreement

At Eiges & Orgel, PLLC, we know that you and your family have been through a difficult time with the divorce, child custody battle, and all other legal issues that you are currently dealing with or trying to put into the past. Unfortunately, it is true that issues arise that make it necessary to take a second look at the settlement agreements that were once determined by either you and your spouse during mediation or collaborative divorce, or in a family court room.

These issues may involve anything from substance abuse and addiction to the loss of a job to a serious and sudden illness, and will all require the legal assistance of a New York modification of child support attorney. Our firm can help you pursue a modification of child support if you are currently being paid support by your ex-spouse and require a different amount. We can also guide the party who pays child support through the process of reducing or eliminating the payment, if necessary.

Do you have questions about modifying your child support order? Contact Eiges & Orgel, PLLC for answers.

When Can a Child Support Order Be Modified in New York?

In New York, either parent can petition the court for a modification of child support. However, in doing so they must be able to show that there has been a substantial change in circumstances, three years have passed since the order was issued, or there has been a 15% increase or decrease in either parent’s income since the original order was issued.

• Substantial change in circumstances: A “substantial change in circumstances” could mean many things. For example, the child support amount may need to be modified because the paying parent has lost their job, the child has fallen ill – resulting in increased medical bills – or the paying parent is now earning significantly more money.
• Three years have passed: If it has been at least three years since the original child support order was issued, either parent could petition the court for a modification. In doing so, they would be requesting that the amount be recalculated based on changes to either parent’s income—be it an upward or downward modification.
• Change in income by at least 15%: If the paying parent’s income has decreased by at least 15%, he or she can petition the court for a downward modification of child support. Oppositely, if the paying parent’s income has increased by at least 15%, the receiving parent could petition the court for an upward modification of child support.