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Modifying a child support order

On Behalf of | Feb 26, 2022 | Child Support |

Parents paying or receiving child support usually have questions about the modification process. Can a parent change child support in New York, and how? Common confusion comes from not knowing if either parent can request a modification. Sometimes, child support modifications are situational.

Reasons for child support modifications

Courts don’t usually consider child support modifications unless there was a major financial change. Judges tend to look for financial changes of the obligor or the child’s need. A parent who owes child support may qualify for modification after a change in income or a job loss. Parents who receive child support may qualify for modifications after incurring high medical expenses or changes to education costs. Some states have limits on how often courts allow modifications.

Custodial parents

Custodial parents should request a child support modification when the payer’s income increases. A child’s unforeseen circumstances can increase the costs of the child support receiver. The court may find the reason insignificant, and some jurisdictions limit modification evaluations.

Some states have a child support modification every two or three years. A parent doesn’t want to waste their chance to change child support because of a small income increase. There could be a medical bill or education change soon.

Noncustodial parents

A non-custodial parent can only request child support modifications because of a significant pay decrease. The courts will investigate the request and compare the current income to the previous on the child support contract. The courts can deny the request if they feel that the income change isn’t significant.

There aren’t many ways for either parent to request a child support modification, but when a parent is ready to file their request, they should talk to the Child Support Enforcement Office. The state office will make a formal request for modification. The courts will investigate any request and decide if the circumstances are a significant change.