How Do I Modify a Child Support Plan?

Many parents enter child support agreements with good intentions but find themselves unable to provide for their child at a later time. Fortunately, child support orders can be changed to account for unforeseen circumstances, such as the loss of a job, that make full payment impossible. In New York, you can modify your child support plan under any of the following conditions:

  • Your custody order is at least three years old: After three years have passed since your last custody order, you may be able to seek a recalculation of your terms of support to account for changes in income.
  • A significant drop in income: If you are paying support, you can request a decrease in payment requirements. This "downward modification" can only occur if you have experienced an involuntary drop of at least 15% of your income and have made an attempt to increase your earnings.
  • A significant increase in income: Likewise, the parent receiving support can file a petition for an "upward modification" if the other parent has experienced a large increase in income.
  • A substantial change in circumstances: If you can demonstrate a relevant change in your situation, you may be able to modify a court-ordered custody plan. Valid sources of change include increased medical costs, a decrease in a child's health, and inability to work.

Of course, it may be difficult to modify your child support plan, even with valid evidence to back your claims. Contact the Law Office of Lynn Poster-Zimmerman, PC for seasoned guidance in any situation. With more than 30 years of experience, our Suffolk County family lawyer understands the importance of forming a support plan that meets your needs. Call our office today for help seeking a favorable outcome to your case!

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