{"id":375231,"date":"2018-05-18T05:42:41","date_gmt":"2018-05-18T10:42:41","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/new-york-law\/new-york-child-support-modifications.html"},"modified":"2025-05-16T16:22:47","modified_gmt":"2025-05-16T21:22:47","slug":"new-york-child-support-modifications","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-child-support-modifications.html","title":{"rendered":"New York Child Support Modifications"},"content":{"rendered":"\n
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New York Child Support Modifications<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’re a parent in New York, you’re responsible for the well-being of your children regardless of your relationship with the other birth parent. The court will determine how much money<\/a> the parents must allocate for the children. The noncustodial parent pays their share of child support<\/a> to the custodial parent. They have a legal obligation to provide for their children.<\/p>\r\n

Circumstances in your life can change, making it difficult or even impossible to continue to pay the amount the court ordered you to. In New York, it’s possible to modify the terms<\/a> of your child support payments.<\/p>\r\n

This article will show what conditions might qualify and walk you through the process. Read on for a better understanding of how to modify child support payments in New York.<\/p>\r\n

How Child Support Works in New York<\/h2>\r\n

If you’re trying to learn how to modify a payment, chances are you’re already familiar with what child support is. If you’re not sure or have questions, FindLaw’s New York Child Support Laws<\/a> article is an excellent way to get up to speed. Whether the need for child support arises from divorce or a single parent filing a claim against the other parent, the goal is to ensure the children are provided for.<\/p>\r\n

In New York, child support is determined<\/a> using the income shares<\/b> model. The gross income of both parents is applied to a table based on the number of children they have. This produces a rough amount of what would have been spent on the children if the parents were raising them together.<\/p>\r\n

The family court then assesses other factors<\/a>. These include who the primary custodial parent is and each parent’s income percentage. After making these adjustments, the court order is issued with the final amounts.<\/p>\r\n

In most cases, the noncustodial parent<\/a> (NCP) pays child support to the primary custodial parent through the New York State Office of Child Support Services (OCSS)<\/a>. Payments are either deducted from the NCP’s paycheck or sent in another way. Nonpayment of child support is not tolerated in New York and can even lead to jail time<\/a>.<\/p>\r\n

Reasons for Changes in Child Support<\/h2>\r\n

It’s not easy to modify a child support order. New York requires a significant reason for the alteration of the amount. Child support orders are subject to review for cost of living adjustments (COLA)<\/a>. Either parent can request this after two years. The Support Collection Unit (SCU) bases a decision on whether or not the consumer price index has changed by 10% or more.<\/p>\r\n

Parents requesting the modification of a child support order will need a compelling reason for approval. While all situations are given consideration, the court operates in the best interests of the child<\/a>. Any downward modification in the amount of child support requires justification.<\/p>\r\n

There are three main types of conditions under which the court might grant a child support modification. Let’s examine each one.<\/p>\r\n

Change in Circumstances<\/h3>\r\n

Life is unpredictable and, at times, chaotic. Circumstances change often. Big changes can affect child support. Each situation is different, but certain events often qualify as large changes:<\/p>\r\n