News
Major Change in Child Support Law
Recently, the New York State Legislature amended the Domestic Relations Law and the Family Court Act regarding child support, making it easier for parents to modify certain child support provisions. The new law states that a modification of a child support award may be sought upon a showing of:
(I) a substantial change in circumstances; or
(ii) that three years have passed since the order was entered, last modified or adjusted; or
(iii) there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted.
Prior to the change in the law, modification of a child support order was difficult to obtain, as the party seeking the modification had to prove that “an unanticipated and unforeseen change in circumstances” had occurred, a high burden.
Under the new law, the standard has been lowered. Now, a parent who can demonstrate a “substantial change in circumstances,” i.e., cost to support children has increased over time, may be successful in his or her attempt to obtain a modification.
If you believe a substantial change has occurred in your financial circumstances and would like to seek a modification to your child support agreement, contact us.
