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NY State child Support Laws, steps to receive modification of support order

As a non-custodial parent what is the process to lower support. My income and family situation has changed since the second ( last ) court proceeding. I have a 20 month old child and common law spouse under my care. My income is lower than what was documented in the second proceeding.

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Attorney answers (1)

Reputation Level 14
I am admitted in New York.

You file a Petition to Modify Child Support in the county where the child is residing. This is referred to as a downward modification. You bear the burden of proof that your income has dropped.

The 20 month old addition to your family will not per se yield a lower support amount, but the added living expenses will impact your self support reserve and federal poverty levels.

Be sure to complete and execute your financial disclosure affidavit prior to the first appearance and hand it up to the court on that first appearance.
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