If your income changes (i.e., no longer doing overtime, lose your job and getting unemployed, receiving disability, etc.) and you can no longer afford to pay the child support order, you should file a petition for a downward modification.
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 in child support proceedings. Call Bronx divorce lawyer Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation.