Q: In New York, how often and under what circumstances can a child support be modified?
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. Actual child support has NEVER been modified. Cost of living has gone up since 2017 and never even 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: The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in 2023, however. The statute goes on to state that child support may be modified if the noncustodial parent's income has gone up by 15% of more. If you suspect it has, then you can retain counsel & have him/her send a subpoena to the noncustodial parent's job (if s/he doesn't voluntarily produce their income info) to obtain their W-2. If the income went up by 15% or more since 2017, then you have yourself a valid case for modification.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
