What is a child support modification?

A child support modification is a legal process that allows a court to adjust the amount of money that one parent is obligated to pay to the other parent for the support of their child. In New York, this is done through an application to the court known as a Petition for Modification of Child Support. In this petition, either parent may ask the court to modify the current order for child support. This could mean changing the amount of money that one parent pays, changing the manner in which it is paid, or changing the schedule for payment. A judge will consider a variety of factors when making a decision on a Petition for Modification of Child Support, such as a change in either parent’s income or health insurance situation, a change in the educational or care needs of the child, or if the primary child care duties have shifted to the other parent. The judge may also consider evidence regarding the parent’s lifestyle or any increase in their expenses. In New York, a child support modification generally takes about 2-3 months to process from the date of filing. Once the court has determined the amount of modification, it will be sent to the Department of Social Services for enforcement of the court order. It is important to note that a child support modification does not stop the current payments to the other parent. Until the Department of Social Services has approved the modification, you must continue to pay the court ordered amount.

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