New York Child Support Modifications

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 the parents must allocate for the children. The noncustodial parent pays their share of child support to the custodial parent. They have a legal obligation to provide for their children.

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 of your child support payments.

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.

How Child Support Works in New York

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 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.

In New York, child support is determined using the income shares 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.

The family court then assesses other factors. 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.

In most cases, the noncustodial parent (NCP) pays child support to the primary custodial parent through the New York State Office of Child Support Services (OCSS). 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.

Reasons for Changes in Child Support

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). 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.

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. Any downward modification in the amount of child support requires justification.

There are three main types of conditions under which the court might grant a child support modification. Let's examine each one.

Change in Circumstances

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:

• Change in parental custody
• The subject of child support becomes emancipated (joins the military, gets married, gets full-time employment, reaches the age of 21, etc.)
• Incarceration of a parent (if not for nonpayment of child support)
• Serious illness of a parent
• Adoption of the child by a step-parent
• Change in the child's educational needs

This is not an exhaustive list. If you're uncertain whether or not a change in your life is worth requesting a modification for, speak with a New York family law attorney.

Three (3) Years Have Passed Since the Order Was Issued

Not all changes are major. A group of smaller alterations can add up to affect someone's life. An increase in the child's expenses might prompt a custodial parent to request additional funds. A noncustodial parent having to travel to take care of a sick relative can ask for relief. The court will balance the needs of the child against reasonable expectations of what the parents can provide.

Involuntary Change in Gross Income

If a parent makes more or less money, it makes sense that the amount of child support they pay is affected as well. If there's a change in their gross income of at least 15%, the court may agree to a modification of the existing child support order. This applies whether it's an increase or a decrease.

Note that this must stem from an involuntary change in income. If a parent quits employment without good cause or doesn't put effort into finding a job, they are not likely to get the change they want. Parents who fail to make child support payments due to a voluntary reduction in income face penalties that can include jail time, suspension of a driver's license, or garnishment of tax refunds.

How To File for Child Support Modification in New York

If you have a significant change in your life that will affect your ability to make child support payments, it's important to file as soon as you can. Any modifications approved by the court will begin from the date the petition is filed, not from when the event happened. If you fall behind in payments, you'll be in arrears. The petition is Form 4-11, Support-Petition for Modification.

You can contact OCSS by email at dcse.cseweb@dfa.state.ny.us to set up a phone appointment. Use 'Modify Order' as the subject heading and include your case number in the email. You can also make an appointment at a local branch. While OCSS can't modify the order, they'll help prepare your petition for family court. This can help keep the number of court appearances to a minimum.

Form 4-11 is also available for preparation online. File the completed form either online or in Family Court. You'll need to provide evidence supporting your request for modification.

New York Child Support Modifications - Review

Dealing with child support is frustrating and confusing. Having a handle on what to expect can make the process a little easier to swallow. The table below recaps important information about child support modifications in New York and provides links for further research.

Note: New York laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. To confirm current laws, it's a good idea to speak with a New York family law attorney.

New York Child Support Modifications: Related Resources

• New York Child Support Laws
• New York Child Custody Laws
• Child Support - Determining Income
• Child Support Guidelines
• Child Support Modification Tips
• Support Modification - NYCourts.gov
• New York City Child Support Handbook for Noncustodial Parents

Need To Modify a Child Support Order in New York? An Attorney Can Help

Life is full of changes and surprises. Maybe you lost your job, incurred steep medical expenses from an injury, or suffered some other financial setback. An initial consultation with an experienced New York child support attorney can provide important legal advice. Their expertise with support magistrates and the New York courts can help you with the modification of child support.