Q: In New York, how often and under what circumstances can you modify a child support order?
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a modification therefore has to decide if case can continue or be dismissed. Actual child support has NEVER been modified. Cost of living has gone up since 2017 and never even ever received a COLA adjustment. Non custodial parents income has increased over 15% since order was put in place. Any advice would be greatly appreciated. Thank you in advance.
A: Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.
Mary Theresa Colwell agrees with this answer
A: A child support order can modified upon a showing of a change in circumstances warranting the modification.
A: Unless you waived the option to have the right to seek a modification every 3 years or upon a 15% change in the payor's income, you can seek one whenever it is warranted. You can always seek a modification based upon a change in circumstances, such as the needs of the child have changed. If child care wasn't originally determined (or it didn't exist at the time so it was not foreseeable) and it is now an issue, you should be able to modify on that basis as well. You should consult with an experienced family law attorney to review your rights.
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