If you are a parent who has gone through a divorce, in most cases, you probably have a plan for custody, visitation and child support with the other parent. Generally, it is the noncustodial parent who pays support to the custodial parent. In New York, child support is usually determined with a formula that considers how many children need support and the income of the parent paying support.
Other factors in child support
In some cases, a judge may consider other factors as well. In addition, the child support amount may be raised or lowered based on a change in a parent’s circumstances.
Cost of living changes
How much one parent pays in child support may also change based on whether there is an overall change in the cost of living. This does not have to be initiated by either parent. Instead, an automatic review by the child support agency happens every two years, and if there has been an increase greater than 10%, the agency sends a notice to the parents. Parents can request an adjustment without going to court. Parents do not have to request an adjustment if the child or parent is on safety net or temporary assistance. This happens automatically.
There are a few other situations in which a parent may want the child support amount reviewed and changed. These modifications may require a parent to go to court to make the request. For example, if a parent who pays support loses their job or their income drops, they might need to request a modification. They should not procrastinate on dealing with this since the amount will continue to be the same until the modification is approved.