Changes happen in life and if you’re like most people who pay child support, the criteria the amount was based on is likely not the same today as it was a year ago. Your income may have gone down – or up. You may have lost your job or experienced a cut in your salary. Or you may have gotten a substantial raise. When that happens, your child support amount should change accordingly.
It may be time for a child support modification.
Why Would You Modify Child Support in New York?
A person may seek a modification in the child support obligation that they owe when they experience a substantial change in circumstance. There are several changes in circumstances that qualify and may warrant a change in the amount of child support that the person pays.
The court will consider granting a request to modify child support if the non-custodial parent experiences any of these circumstances:
- The non-custodial parent experiences a reduction in their income by no fault of their own. This can be due to situations that include, becoming unemployed due to disability or illness, being laid off, or losing their job because their place of employment closed.
- They have experienced a 15% or more involuntary increase or decrease in their income.
- The non-custodial parent became the custodial parent because they obtained physical custody of the child.
- The child became self-sufficient such as they got married, joined the military, began working full-time, or became otherwise emancipated.
While New York law does require that both parents provide financial support for their child, the formula for determining a non-custodial parent’s child support obligation is based on a percentage of their income. If that income changes, then their child support payments should change as well. So, if the non-custodial parent has a decrease in income, they can petition the court to lower their child support payments.
However, if the custodial parent believes that the non-custodial parent’s contribution is not sufficient and is able to prove that they have more income than they did when child support was initially set (or more than the income they reported), that can also trigger a modification of support. In that case, the custodial parent can petition the court for a modification of support.
How Do You Modify Child Support in New York?
When seeking a modification of child support, the sooner the petition is filed, the better. If a non-custodial parent is seeking a reduction in support, they should file a modification petition as soon as their changes in circumstances occur.
Time is important because if the Family Court does grant the modification of support, the change of amount owed begins at the time the petition was filed. The court can not go back to when the change in circumstances occurred,
There are several steps to filing a modification petition:
- Complete form 4-11 which is a Support Petition for Modification form. It can be obtained at the Family Court where the original court order for child support was issued. It can be picked up at the Family Court, mailed via USPS, or printed from the Family Court website and mailed back. The person can also go through their local child support agency and request assistance.
- Attend the court hearing
- Bring any relevant documents to verify the substantial change in circumstances and support the need for a modification in support. This may include:
- Financial affidavit, signed and notarized
- Current tax returns
- W-2 forms
- Custody order or documents that prove custody of the child if claiming to have custody
- Information proving the child is emancipated
How Often Can Child Support Be Modified in New York?
A child support order can be modified anytime that there is a change in the circumstances of the non-custodial parent who is paying the support, or the custodial parent. If there has not been a substantial change in circumstances reported, then every three years either parent has the right to seek a modification of support and ask the court to look at the income for each party and recalculate the Basic Child Support amount.
Can You Stop Paying Child Support If You Need a Modification in New York?
Stopping payment of child support when a modification is needed – or for any reason – is not an option. The support was ordered to help take care of the child and meet their needs. Failure to pay child support as ordered by the court can result in harm to the child.
Any parent who is ordered to pay child support but does not may face serious consequences. The child support agency in their area may employ enforcement actions to collect the money that is owed. This can include garnishing wages, seizing tax refunds and lottery winnings, seizing their bank account, suspending occupational, professional, or business licenses, and suspending their driver’s licenses. The child support enforcement agency may also report the arrearages to the credit bureaus, negatively impacting the person’s credit score. Non-payment of child support can mean jail time.
The best thing to do is file the modification petition as soon as the circumstances change.
What is a Retroactive Modification of Child Support in New York?
Retroactive child support is child support that was owed but not paid in the past. Retroactive child support is that payment made later.
There is no retroactive modification of support. The court does not have the authority to retroactively assign payments. If there is a substantial change in circumstances, the modification petition must be filed right away.
Does Child Support Go Down If the Father Has Another Baby in New York?
When a parent who pays child support to one child has a new child with a new partner, the support may be modified or lowered.
This was not always the case, although New York law seems to be changing in this respect. Traditionally, the state adhered to common law which does not recognize a new child as a valid reason to lower child support payments.
This seems to be changing though.
Many courts in New York are recognizing that both the child from the previous relationship and the child from the new relationship deserve to be financially supported so it strives to do what is in the best interest of the child.
Failing to recognize the new child’s needs can be akin to neglect. Now some courts are factoring in these matters when determining child support or reviewing a modification petition.
Is Child Support Negotiable in New York?
Child support is negotiable in New York. The parents can come to an agreement on their own or meet with a mediator to come to an agreement on child support payments. In some cases. This is a better option because the court is not deciding the terms of the child support agreement – the parents are.
Can You Modify a Parenting Plan Without Going to Court in New York?
If the parents can come to an agreement and negotiate any aspect of the parenting plan, including support, they usually don’t need to appear in court. These negotiations can be done in person, via a mediator, or through each party’s respective attorney. If they can work together to come to an agreement on parenting matters, they can both save a lot of time and money.
If you are seeking to modify the child support you owe or the child support you are owed, we can help. The experienced, talented, knowledgeable legal team at The Litvak Law Firm can help. We will work with you to ensure that your payments are fair, whether you are paying child support or receiving it.
Call 718-989-2908 today to get started.