Child Support Modification in New York
Parents of minor children who are separating or getting divorced must work out a legal arrangement for the welfare of their children. In New York, this means that the non-custodial parent pays child support to the custodial parent. The child support amount is based upon a mathematical formula which is laid out in the Family Court Act. For example, for one child the non-custodial parent will pay 17% of his adjusted gross income. 25% for two children, etc... With the help of a child support lawyer, you can ensure that your and your children’s legal rights are always protected.
What Are the Laws Concerning Child Support Modifications in New York?
There are three situations under which the court may modify a child support order:
- Substantial change in circumstances – if there has been a substantial changes to the cost of raising a child or to a parents income, the court may modify the child support order to make it either higher or lower
- Three years have past since the order was enter, last modified or adjusted
- There has been an involuntary change in either party’s gross income up or down by 15% or more since the order was entered, last modified or adjusted.
A child support order can also be modified if either parent has experienced an involuntary change in income since the last order. Quitting or being fired from your job may jeopardize your ability to modify your child support order though.
Unlike other states, you may not retroactively modify a support order in New York. This means that if someone falls behind on their payments because of the loss of a job, they are still responsible for paying. If you’ve had a change in income or circumstances, it is important that you speak to an experienced child support attorney to file a petition to adjust the child support amount accordingly and as quickly as possible. The modification is nun pro tunc to the date the petition filed.
How Do I Modify My Child Support Order?
First, you must gather all relevant information, including documents to justify bringing a petition for modification. For example, if you’ve lost your job through no fault of your own, we need a letter from your employer explaining why they let you go.
You must also show what efforts you’ve made to find a new job or seek unemployment or disability benefits.
Next, with the help of our child support attorney, you can file a petition for modification. This can be done by filling out the appropriate form with the family court. If the court rules in your favor, the modification will become effective the date that the petition was filed. If the order was previously granted in Supreme Court as part of a divorce action, you may apply to the Supreme Court or file in Family Court provided the judgment of divorce gives both courts concurrent jurisdiction. .
Schedule a Free Legal Consultation to Discuss Child Support Modification Today
When you need legal help regarding child support modifications in New York, contact the Law Offices of David L. Martin, Esq., P.C. Our firm offers free 30-minute legal consultations to discuss your case and answer your questions about the process.
To learn more about our legal services and to schedule this important legal consultation with an experienced New York child support lawyer, call our legal team at (516) 294-8886 or (718) 520-8884 today.