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

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US-00800BG
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Description

This form is used 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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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Increase In Amount Of Child Support?

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FAQ

Yes. Parents can come to an agreement regarding child custody and support during negotiations of the separation agreement. They can then include the provisions of the settlement agreement/stipulation in the divorce decree.

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.

Yes, the judge can order an amount you agreed on that is different from the statutory calculation. You can waive statutory child support obligations as long as your waiver has the correct format and content to protect both parties. The court wants to be sure parties understand the rights they are waiving.

Yes. Parents can come to an agreement regarding child custody and support during negotiations of the separation agreement. They can then include the provisions of the settlement agreement/stipulation in the divorce decree.

Drastic Changes in Lifestyle: Significant alterations in a parent's life, such as new relationships, job changes, or living conditions, that affect the child's well-being can be deemed a substantial change of circumstances.

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.

Use the correct percentage of total income CSSA says should be devoted to child support: 17% for one child. 25% for two children. 29% for three children.

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.

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