In New York, child support can include cash payments, health care costs, and health insurance. The New York Family Court calculates the amount of child support based on the state child support guidelines. Moreover, parents can agree on the amount of child support; once the court approves this agreement, their agreement is binding.
If a parent wants to modify a child support order, he or she bears the burden of proof to show either of these three circumstances:
- a substantial change in circumstances
- three years have passed since the entry of the order, or since the last modification or adjustment of the order; or
- an involuntary change in either parent’s gross income by fifteen percent or more since the entry of the order, or since the last modification or adjustment of the order.
Moreover, if a parent voluntarily quit his or her job without a good cause, the court may not find a substantial change in circumstances and not grant a child support modification. A written agreement between parents on the modification of child support is permitted under the Domestic Relations Law and the Family Court Act. However, these agreements should meet the requirements listed in laws such as DRL §§236B(3) and 240(1-b)(h) and FCA §413(1)(h). Moreover, to make sure the existing support order is binding, the court must approve this modification.
The request for a child support modification can be costly. It will take you time and resources to provide evidence. Ex-spouses seeking to change maintenance orders are strongly advised to seek legal assistance from a New York divorce attorney. Please feel free to call Gordon Diefenbach, an attorney in Manhattan who has been handling these kinds of cases for nearly 30 years for a free assessment. The 24-Hour Hotline is (917) 734-7111. We will either speak with you the moment you call or will return your call within a matter of hours.