When Can I Modify Child Support Arrangements in New York?

Just because a child support order was handed down to one party or another doesn’t mean that life always stays the same. In fact, major changes in the circumstances of involved parties can be grounds for altering child support arrangements in New York. Either parent has the right to ask for changes in the child support order.

The parent who wants the change in the child support order has to go to the court and petition by filling out the New York paperwork necessary to request an official child support order change. There are certain circumstances under which changes can be requested.

A substantial change in the circumstances of one of the parties to the child support order is one such reason. The other two primary reasons for requesting a child support modification order in New York is when there has been a 15 percent increase or decrease in a parent’s income after the original order was issued or when three or more years have passed since the initial order was put into place.

Substantial changes in circumstances can seem a bit confusing, but applicable situations include when there are sudden medical needs for the child, an increase in medical bills, an illness on behalf of the paying parent, or a decrease in the income of a parent. Review your situation with an experienced New York family law attorney to determine whether your circumstance meet the criteria for a change in a New York child support order. If the court approves the petition, it will be backdated to the day the parent actually went to court to file the New York child support modification petition, not the specific date when the parent alleges changes in circumstances has actually happened.