New York Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

Debt Reduction Programs Arrears Cap (English Application | Spanish Application) can put a limit on the amount of child support debt that a noncustodial parent owes to the government. The amount of arrears can be reduced to as low as $500.

Thus, the requesting party must show that a change is justified. Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

Parents can come to an agreement regarding child custody and support during negotiations of the separation agreement.

Change (modify) your child support order: ? Either parent's gross income has changed by 15% or more since the order was last established, modified, or adjusted. A reduction in your income cannot be by your own choice. ? One or more children on your order have emancipated (e.g., turned 21, married, joined military).

You can ask the court to modify your current obligation amount (with Family Court Form 4-11) based on a "substantial change in circumstances," or if the order was effective on or after October 13, 2010, it may be modified if: Three (3) years have passed since the order was entered, last modified or adjusted.

You can ask the court to modify your current obligation amount (with Family Court Form 4-11) based on a "substantial change in circumstances," or if the order was effective on or after October 13, 2010, it may be modified if: Three (3) years have passed since the order was entered, last modified or adjusted.

Debt Reduction Programs The amount of arrears can be reduced to as low as $500. To qualify, noncustodial parents must owe child support debt to the NYC Department of Social Services (DSS). The parent's income must have been below the federal poverty level when their DSS arrears accumulated.

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.

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New York Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support