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.
Queens New York Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
State:
Multi-State
County:
Queens
Control #:
US-00800BG
Format:
Word;
Rich Text
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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
Child support automatically ends when the child turns 21 years. Effective in October 2021, a disabled child may be eligible to continue receiving support until age 26. A court can end child support before the child turns 21 years if the child becomes emancipated. See the article Emancipation in New York, here.
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.
Modification of Child Support Orders Either parent or the CSEU can file a petition in Family Court to request a modification (change) to an existing child support order.
Some examples of possible substantial changes are when a child's medical needs have increased, a parent has become permanently disabled, or there's been a significant decrease in the paying parent's income.
Three years have elapsed since the order was entered, last modified or adjusted once three years have elapsed, either parent can seek a modification (upward or downward), and the court has the authority to look at the parties current income to recalculate the Basic Child Support amount.
Either parent or the CSEU can file a petition in Family Court to request a modification (change) to an existing child support order.
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.
The best policy is to file a modification petition. You will want your first court date to be prior to, but close in time to your daughter's 21st birthday. You will want to ask the Support Magistrate to issue a temporary order terminating support on her birthday. You can probably handle this on your own.
While a court cannot order a parent to pay child support past 21 years of age, it is common for parents to agree to extend support until 22 if the child is still a full-time college student reaching graduation. While the amount of child support is set by the court, the amount of the payments can change over time.
However, child support liability is terminated upon certain life events even when the child has not yet attained the age of 21 years. Even if an emancipation event takes place the non-custodial parent must file a petition to terminate child support to obtain a court order to have the payments stopped.