Carton & Rosoff PC-Attorney at Law

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Child support modification in New York State

The current laws in New York State allow for child support modification when the need for a change is present. There are unique requirements laid down by the law for modifying child support, spousal support and child custody.

For instance, to be successful in obtaining a child support modification, an applicant must show a substantial change in circumstances, which is sufficient enough to warrant a court hearing on child support modifications and why a modification is best for the child in light of the new circumstances.

So far, there is no definition of a "substantial change in circumstances." Broadly, a court may consider a change in circumstances to be substantial if a non-custodial parent loses the person's job, or income is reduced without any fault on the parent's part.

Also, a court may consider a modification if a non-custodial parent is allowed increased custody of the child. In cases where a child is emancipated, or gains full-time employment, joins the U.S. military or gets married, a modification may also be considered by the court.

A child support order may also be eligible for modification if three years have passed since the entering of the order, the last adjustment or modification. If a parent's gross income has changed by 15 percent or more since the order was entered, or since the last modification or adjustment, the court may consider a child support modification.

It is important to note that since there is no clear cut definition of a substantial change in circumstances, the opinion of an experienced professional can be sought in order to ensure that a modification is successfully obtained when needed and is also in the best interests of the child.

Our firm's child support webpage can provide people with more information about child support issues.

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Carton & Rosoff PC
150 Grand Street, Suite 305
White Plains, NY 10601

Phone: 914-949-6700
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