When child custody and visitation are determined, part of the court order
may require one parent to pay child support to the other parent. Child
support is money given to one parent in order to help pay for the living
and educational expenses of a child until they reach the age of 21.
A child support agreement is approved or determined by the court and any
changes to this agreement must be done through the court. In New York,
the amount of money a parent owes in child support will generally correspond
to their income and the number children that they have. For one child,
a parent will likely pay 17% of their monthly income to child support,
which increases with the more children they have. If a parent's income
is over $136,000, the court may choose to determine child support differently.
When can a child support order be modified?
At any point, a parent can ask to change the child support order to obtain
more or less money for the child's care.
Should a parent ask for a child in financial support, they must show:
- Significant change in circumstances
- Over three years has passed since the child support order was issued
- 15% change in either parent's income
Any of the situations listed may allow for a court to reevaluate the child
support order. If one parent suddenly falls ill and is unable to work
for a long period of time, a court may determine that the other parent
should pay more in child support, or that they should pay less to the
Even if one parent experiences financial hardship, they are not freed from
their child support obligations unless a court decrees it to be so. Doing
so may result in fines or even jail time. Further, quitting a job to avoid
paying child support will not fool the courts. The court will determine
payment based on past financial history or future earning potential.
If you are seeking a change to child support payments you are either paying
or receiving, the Meyers Law Group can help. Our lawyers have extensive
knowledge of child support law and can work to get you the support order
modification you need!