How do parents modify a child support agreement?
In New York, parents can modify their child support agreement as long as both parents agree to the modification. The modification can involve increasing or decreasing the amount of child support payments or changing the duration of payments. If a parent wants to modify the agreement, they must file a petition with the court. The petition must explain why the modification is needed and provide details of the proposed changes. If the court agrees that the modification is in the best interest of the child, then the court will issue an Order Modifying Child Support. This order must be signed by a judge and be served to the other parent. Once the Order is filed with the court, the child support agreement is officially modified. If a parent does not agree to the modification, then the parent seeking the modification will have to prove that the changes are necessary. This can be done in court by showing evidence that the parent’s financial situation has changed or that the child’s needs have changed. If the court agrees that the modification is necessary, then it will issue an Order Modifying Child Support. Parents can also modify their child support agreement without court involvement if they both agree to the modification and it is not contrary to public policy. This should be done in writing and should be filed with the court so that it is legally binding.
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