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Compassionate, Caring And Professional Services
For Over 40 Years.

Compassionate, Caring And Professional Services
For Over 40 Years.

Compassionate, Caring And Professional Services
For Over 40 Years.

Compassionate, Caring And Professional Services
For Over 40 Years.

Compassionate, Caring And Professional Services
For Over 40 Years.

Compassionate, Caring And Professional Services

When can I get a child-support modification?

On Behalf of | Jun 29, 2021 | Support And Maintenance |

Though there is no guarantee the court will grant it, either parent can petition for a child support modification in certain situations.

A modification may be sought when either parent has a material change in circumstances if three years have passed since the original order or last modification.

Change of circumstances

If either parent’s gross income changes by 15% or more, whether up or down, either one can request a modification. However, there are other times when a child support modification is possible. For example, if a child’s medical needs increase, the custodial parent could request a modification. A significant decrease in the payer’s income might also justify a modification, as would a situation where the custodial parent acquires a permanent disability.

Cost of living

The New York child support agency automatically reviews the support orders every two years. If there has been a more than 10% cost of living increase since the last review, the child support amount will increase by the same percentage. The agency will send a notification to each parent if the case is eligible for the cost of living adjustment, and either of them can request an adjustment without going to court. If a child receives government assistance, the court will automatically adjust the child support payment amount without the parents’ request.

It is unlikely that a child support payment will not change at some point during the duration of the order. Each case is unique, and the court will consider both parents’ circumstances when responding to a request for modification.