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Basics of Child Support Modification in New York

There are times when a mother or father’s situation changes, resulting in a need to modify child support. Both the custodial or non-custodial parent can ask for a modification depending on the circumstances of either party. A child support attorney can examine your situation to determine if a modification is warranted. If so, they will work to make sure that the child gets the support they are entitled to.

Modification can occur due to one of the following factors:

  • There has been a substantial change in the circumstances of the parent
  • Three years have passed since the order was issued
  • A parent’s income has increased or decreased by 15%

This first factor, a “substantial change in circumstances,” varies on a case by case basis. For instance, a child might suffer an illness that results in substantial medical bills and increased care. If this occurs, the custodial parent can petition the court for an upward modification of support.

In the second factor, if more than three years have passed since an order was issued, either parent can petition for modification. In general, this is only worthwhile if either parent’s circumstances have changed. If both parents are still in the same situation as when the order was first issued, it might be unlikely that any modification would be granted.

The last factor is a change in income of 15% or more. In order for a downward modification petition to be successful, the parent will need to show that this circumstance is not voluntary and they are actively trying to earn more income. If a parent simply quits a job or chooses to work less, the court will base the support on “imputed income” and not on actual income.

At The Law Offices of Seidner & Associates, we have helped many parents obtain both upward and downward modification of child support. We can examine your situation to determine if a petitionis warranted. If so, we will aggressively fight to make sure that your child gets the support they deserve. To speak with a child support attorney about your situation, contact The Law Offices of Seidner & Associates today for a free consultation.


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