Child Support Modification: Is it Possible to Adjust the Payments?
Generally, it is the responsibility of the non-custodial parent to make child support payments to the custodial parent and is either pursuant to a judicially recognized stipulation between the parties or by court order after a hearing or trial. Child support may include unreimbursed medical costs and education for the children in common and may be established as a part of a divorce action, or if the parents were never married, in a support proceeding in Family Court.
Factors to seek a child support modification.Child support is subject to either an upward or a downward modification. The New York Domestic Relations Law § 236 B and Family Court Act § 451 provides the right to seek a modification of a child support order if:
(i) there is or has been a substantial change in circumstances; or
(ii) that three years have passed since the order was entered, last modified or adjusted; or
(iii) there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted.
Life changesLife rarely remains the same, so you cannot expect the child support order you initially received to continue to work for your situation. There are several factors in determining child support and in part, include the noncustodial parent’s income, the number of children in need of support, and the custody arrangement, if any.