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Modifying Child Support Orders

Modifying Child Support Orders

The time can arise following a divorce at which one parent or the other desires to seek an alteration of an existing child support order. If you find yourself in such a position, there are some points that you need to bear in mind when it comes to modifying an existing child support order.

Legal Reasons to Alter or Amend Child Support Orders

There are a number of reasons that allow for the alteration of an existing child support order in New York. First, a change in a child support order is possible if what is known as a substantial change in circumstances is demonstrated. For example, if a child develops a health or medical condition that proves costly, a change in child support may be in order.

Second, if three years passed since the standing child support order has been issued, the passage of time alone can be a foundation upon which a change in child support can be sought. Finally, if one or another of the parents experienced a 15% increase or decrease in income since the issuance of the existing order, a change in child support may be permitted.

Petition to Alter Child Support Order

The process of changing an existing child support order begins with the filing of what is known as a petition. The petition is filed in the court the handed down the existing child support order in the first instance.

The other parent has the opportunity to respond to the petition. The court then schedules a hearing. At the hearing, the parents present evidence in support of their positions regarding changing child support.

If you need legal assistance in regard to child support, child custody or parenting time, the legal team at Eiges & Orgel stands ready to assist. You can schedule an initial consultation with a skilled family law attorney at Eiges & Orgel today at (347) 848-1850.

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