New York Child Support Modification Attorney
New York’s New Child Support Modification Law
While it was always possible to modify a New York child support order to reflect lifestyle changes, it was quite difficult to obtain a modification of a support order. On October 14, 2010, certain aspects of the New York child support law changed to make modification of child support easier to obtain. The new law created three different circumstances under which an order can be modified, even if the previous support order was based on a written settlement agreement between the parties and incorporated by reference in the judgment of divorce.
Under the old rules, a parent seeking a change in the child support payable was required to show that there was an “unanticipated and unreasonable” change of circumstances or economic hardship. This was a high threshold to meet.
Under the new child support statute, the standard the court will apply when deciding whether to modify child support — regardless of whether child support was by agreement or by a court order — is simply whether there has been a substantial change in circumstances.
Additionally, a parent may request a modification of an order of support if:
- Three (3) years have passed since the order of support was entered or last modified, or
- There has been a change in either party’s gross income, upward or downward by 15% or more, since the order of support was entered or last modified.
A reduction in child support based on reduced income will only be considered if the parent’s alleged reduction in income was involuntary and the parent has diligently attempted to secure employment in line with his or her education, ability and experience.
The calculation used to determine support is the same as the initial child support calculation worksheet.
In any divorce or custody agreement providing for child support, the parties can opt out of this new law, but they must do so in writing, in a validly executed agreement.
What if These Standards Don’t Apply? Can a Modification Still Be Sought?
In cases that do not otherwise meet the criteria for modification — because there has not been a 15% change in income or it has not yet been three (3) years since the existing order was entered — you can still seek a modification by showing that there has been an unanticipated and unreasonable change of circumstances, if the order were based on an agreement between the parties.
In any of these situations, it is the job of an experienced New York City child support modification attorney to prove that a change in child support is reasonable and necessary. At the Midtown Manhattan law office of Myburgh Law, P.C., I represent custodial and noncustodial parents seeking or defending against a change in child support.
