NY Child Support Modification

In the state of New York, if there is any change in circumstances for either party, such as a job loss, an increase or decrease in salary or any other change that might warrant a support modification, either party has the right to petition the courts for a support modification. A support modification can go both ways, either upwards or downwards, relevant to the income change.

For parents who pay support, in the event that you lose your job or have a significant decrease in your income, you should file a petition with the courts for a downward support modification. In New York, arrears are not retroactive. You cannot have your arrears lowered or refunded to you, prior to the modification. In addition, one has to factor in a time lag for the time it takes in order to get a court date, in which case several weeks if not more, can lapse.

More Information on Child Support

In order for one parent to obtain a child support modification, they must show that a change in circumstances had occurred since the previous support order such as, a sudden job loss, an increase in income or some other change in financial circumstances, that might warrant a support modification.

New York State follows specific, enumerated child support guidelines that family court judges must consider when making determinations on child support matters.  The judge will use the Child Support Standards Act formula in order to determine the amount of support you should either be receiving or paying. However, if you and your child's other parent come to an agreement on a support amount, outside of the courtroom, you do not have to apply the standard child support guidelines.

If you are seeking to have the amount of child support you receive increased, or if you intend to petition the courts for a downward modification, either way, a Nassau County modification attorney from our firm can help. At Jane K. Cristal, PC, we are experienced in every aspect of support modification and we can help give you the knowledge and guidance you need in order to adjust your support accordingly.

Contact a Nassau County Modification Lawyer at our firm today for a free consultation.