Forms To Modify Child Support In New York
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Child Support Modification Tips Act Quickly. Inform Yourself. Try To Reach an Agreement With the Other Parent. Keep Making Your Child Support Payments as Best You Can. Document Your Change in Circumstances. File Your Request for Child Support Modification With the Court.
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.
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 ask them to mail you the Support Petition for Modification form.
Under New York law, you can request a child support modification if there is a 15% change either parent's income. While typically the court will entertain a child support modification only after at least 3 years has passed since the order was entered, the exception is for a 15% change in income.
In New York, there are guidelines for what percentage of the parents' combined gross income should be provided for children. If a couple is supporting one child, 17% of their combined income should go to supporting their child. For two children, 25% of their income; for three children, 29% of their income.
Only a petition to terminate child support in NY cancels the payments after the court reviews the specific circumstances used as grounds for termination. However, either one of the parents can request a modification to the settlement if there is a significant change in the earnings of the noncustodial parent.
In New York, child support payments are mandatory. In many instances, parents may create their own agreement that deviates from the Child Support Standards Act (CSSA) used in New York to calculate these payments. However, a judge must still approve the payment amount determined by the parents.
Although you do not need a lawyer to pursue a child support case, you should consider hiring one. A family lawyer specializes in family law and can help you navigate the process. In some cases, you may need to hire a private attorney.
If the court finds that the needs of the child are not being met financially, then the needs of the child for support may override the written agreement of both parents. Most courts will require a minimum of $25.00 per month per child, even if a party gives up the right to receive child support.
