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When should you modify your child support order in New York?

On Behalf of | Oct 12, 2022 | Family Law |

A child support order is a court order that requires one parent to pay the other parent for the support of their child. Sometimes, the current child support order may no longer be appropriate, and you may need a modification.

The income of either parent has changed

Usually, courts consider the income of both parents when making a child support order. If the income of either parent changes, however, the court may modify the child support order to reflect this change. For example, if the parent who is required to pay child support loses their job, they may ask the family law court to lower their payments. Also, if the parent receiving child support gets a raise, the other parent may ask the court to raise their payments.

The needs of the child have changed

As a child gets older, their needs change. For example, a newborn baby will need different things than a teenager. If the needs of the child have changed, the court may modify the child support order to reflect this change.

The amount of time the child spends with each parent has changed

If the amount of time the child spends with each parent changes, the court may modify the child support order. For example, if the child starts spending more time with the parent who’s required to pay child support, that parent may ask the court to lower their payments. Also, if the child starts spending more time with the parent who receives child support, that parent may ask the court to raise their payments.

If you want to modify a child support order, it’s important to understand the process and what you will need to do. The first step is to file a motion with the court. You may need to include information about why you are requesting a modification and what has changed since the original order was made. Once you have filed your motion, the other parent will be served with a copy of it. They may then have the opportunity to respond to your motion. After both parents have had a chance to present their arguments, the court may make a decision.