New York courts may modify a child support order or agreement that modify the parties' obligation where it is determined either that the agreement was not fair and equitable when entered into, or that an unanticipated and unreasonable change in circumstance has occurred resulting in a concomitant increase in the child's expenses and needs. See Boden v Boden, 42 NY2d 210 (1977).
Where the demand for an increase in child support is based on the child's right to receive adequate support the party demanding child support does not have to prove an unanticipated and unreasonable change in circumstance to justify an increase. See Michaels v Michaels, 56 NY2d 924 (1982) citing Brescia v Frit, 56 NY2d 132 (1982).
If your child support obligation was established on or after October 12, 2010, you can request a modification if:
- Three years have passed since the order was entered, last modified, or adjusted; or
- There has been a change in either parent's gross income by 15% or more since the order was entered, last modified, or adjusted. Any decrease in income must be involuntary and the parent claiming decreased income must have tried to find work that would be appropriate to his or her education, ability, and experience.
We zealously represent divorce and family law clients for over 20 years in New York State Courts in the Bronx, Brooklyn, Queens, Manhattan, Westchester, and Nassau Counties. Call Bronx child support lawyer Bryan J. Hutchinson (718) 671-0900 for a confidential consultation.