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Is it possible to obtain a support order modification?

The financial aspects of divorce can seem overwhelming, particularly when trying to adjust to post-divorce life. Dividing one household into two isn’t easy on a number of levels, but figuring out how to financially afford it can add a lot of stress to an already challenging situation. Child support can help custodial parents in New York make ends meet and supply for the needs of their children, but changes in circumstances may necessitate a support order modification.

The request for a modification in child support can come from either the custodial or non-custodial parent. Regardless of who places the request, certain circumstances must be established before a modification request is approved in court. The main purpose behind a request for modification is a change in economic circumstances; however, a substantial change in finances may not be required.

Financially speaking, when either parent experiences a change in income, this may be reason to request a modification of child support. The non-custodial parent may request a reduction if he or she experiences the loss of a job or reduction of income; whereas, the custodial parent may request a modification if the paying parent receives an increase in pay or if he or she experiences a reduction in wages earned. These requests can be made at any time for substantial economic changes, or every three years if a substantial change in circumstances has not occurred.

A support order modification can be difficult to achieve, but it is possible. Those in New York who find themselves in need of a modification in child support, whether they are the parent responsible for paying or are the one on the receiving end, can present their request in family court. A family law attorney can assist by ensuring that all required aspects for such a request exist and by helping those working through this process get through it as quickly and smoothly as possible.

Source: womenslaw.org, “Can a child support order be changed?”, Accessed on Feb. 4, 2015

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

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Larkin, Ingrassia & Tepermayster, LLP

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