How Can I Change/Modify A Child Support Order?
Child support is primarily intended to preserve the best interests of your children, by ensuring their custodial parent has sufficient income to meet their needs. The amount of support paid by the noncustodial parent is determined by the court, using guidelines set by New York’s legislature in the Child Support Standards Act (CSSA), adjusted by factors, including the children’s living standard and their needs, and what is fair to both parents.
Child support may be changed if one of the three conditions has been met:
- Three years have passed since the child support order was last entered.
- There has been a substantial change in circumstances that would warrant a change. This would typically be the case if there was a change in income or either a parent or child’s medical needs significantly changed in some way.
- A parent’s income has changed by at least 15 percent since the child support order was initially entered. If a person is requesting a downward modification, they must show that they did not simply quit their job and they have been making reasonable efforts to become employed again.
Under similar circumstances, court orders ordering spousal support may be adjusted.
To modify a child support order, you must obtain a formal modification of the court order granting you support. Attorney Barone has handled many of these orders and can discuss your situation with you and whether filing a motion for modification would be likely to be successful.
What If My Former Spouse Refuses To Pay Child Support?
Unless your former spouse obtains a modification, your former spouse is required to pay child support as directed in the child support order. We can also file a complaint to enforce your court order, when your ex-spouse and/or your children’s other parent fails to meet its terms. If necessary, we can request to have your former spouse’s bank accounts levied or wages garnished to ensure that your children receive the support they are entitled to receive.