Both parents can petition the Family Court for a modification. The custodial parent may request an increase in the amount of support or the non-custodial parent may request a decrease. The petitioner must demonstrate 2 things in either situation. The petitioner must first show that there has been a significant change of circumstances. They must also show that there has been at least a 15% change in each parent’s income, or that three years have passed since the order was issued.
According to the court, for there to be a significant change of circumstances, the petitioner must prove that the child support agreement was unfairly made. Often, consulting an experienced New York lawyer in child support modification will tell you that the petitioner has to not only allege the grounds for the modification, but also the evidence supporting it.
You can also request a child support modification if either of the parent’s income has changed by 15%. A court typically will not allow a modification to child support until at least three years have passed since the original order. However, a 15% income change is an exception.
A loss of work is one of the most common reasons noncustodial parents file a petition for a modification to the child’s custody. This is an acceptable reason but there are some caveats. It must not be the petitioner’s fault that they have lost their job, and they must also make an effort to find new employment. The court won’t modify child support if these conditions are not met. It will instead impute income to the petitioner, and they will continue to pay that amount. Parents cannot avoid financial support for their children by leaving their job or refusing work, as the court won’t allow them to.
It is important to seek the help of a New York lawyer for divorce when dealing with matters surrounding child support and child custody. A skilled attorney for divorce may be able to work with you and help you ensure that you will get a favorable result in your case.
Contact New York Family Law Group today at (718) 293-1542 to schedule a consultation with our top-rated lawyers for divorce in New York.