Complete the petition one of three ways: Go to , click the link under that “Start” heading. Print the petition to modify your child support order. File the petition with the Petition Room at the Family Court.
There are a few ways to file: Visit the Family Court where your court order was issued and complete a Support Petition for Modification form (also known as form 4-11). Call the Family Court where your child support order was issued and they will mail you the Support Petition for Modification form.
In your letter, you must identify who you are, state specifically what your change in circumstance is, and definitively request a review of your case. You will send this letter to the CSE caseworker assigned to your case in the regional office that enforces your order. You can find that information on the CSE website.
First, the petitioner must show that there has been a substantial change in circumstances. Second, 3 years must have passed since the order was issued, or there must have been at least a 15% increase or decrease in either parent's income since the original order was issued.
While the standard answer is that child support can be modified every three years, exceptions are made when there is a substantial change in circumstances. If you've experienced a significant change in your income or your child's needs, it may be worth exploring your options for an earlier modification.
The best way to avoid paying alimony in the event of a divorce is to sign a prenuptial or postnuptial agreement. These agreements, once seen as unromantic, now serve as a strategic way to protect individual assets in case of separation or the need to dissolve the marriage.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
In New York State a married person may be legally responsible to provide for the support of his or her spouse during their marriage, if that spouse lacks sufficient income or assets to provide for his or her own reasonable needs.
Child support and spousal support are handled in Family Court. Parents must financially support their child until the child turns 21 years old or is emancipated. You can go to Family Court for a court order for child support from the other parent.
While waiving spousal support is legally acceptable in New York, the agreement should not be "unconscionable", meaning grossly unfair. Courts will examine the fairness of the agreement at the time it's enforced, not just when it's signed.