Child Support

There are two basic ways to try to modify (change) a child support order after it is established:

1. either parent can prove that there has been a substantial (significant) change in circumstances.¹ (Note: The incarceration of the paying parent might be a substantial change in circumstances that could be a reason for modifying the child support order unless it is due to nonpayment of child support or a criminal offense against you or the child being supported);² or
2. either parent can file without a substantial change in circumstances if:

• three years have passed since the order was entered or last modified; or
• there has been a change in either parent’s gross income by 15% or more since the order was entered or modified. (However, if there is a reduction in a parent’s income, this will only be considered if it was involuntary and the parent has made thorough attempts to get a job that pays according to his/her education, ability, and experience.)³

Even if the judge modifies the child support order, this will not reduce or erase any overdue payments (called arrears) that have accumulated before the parent filed the modification petition. The unpaid payments will still have to be paid.⁴

¹ NY Dom Rel § 236(B)(7)(d)
² NY Fam Ct Act § 451(3)(a); NY Dom Rel Law § 236(B)(2)(i)
³ NY Fam Ct Act § 451(3)(b); NY Dom Rel Law § 236(B)(2)(ii)
⁴ NY Dom Rel Law § 236(B)(2)(iii)