Family Law Support Forms

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Commonly Asked Questions about Family Law Support Forms

How do I request an increase in child support in NY?

Visit the Family Court where your court order was issued and complete a Support Petition for Modification form (also known as form 4-11). Call the Family Court where your child support order was issued and they will mail you the Support Petition for Modification form. Fill it out and mail it back.

How to increase child support in NY?

CHANGE THE AMOUNT I OWE? No, only Family Court, based on a modification petition, can change the amount that you owe in child support. If you have experienced a change in circumstance, you need to file a modification petition with Family Court.

What is a substantial change in circumstances for child support in NY?

Substantial change in circumstances if there have been substantial changes to the cost of raising a child or to a parents income, the court may modify the child support order to make it either higher or lower.

How do I file a child support petition in NY?

Filing a Child Support Case Child support cases are usually started in Family Court in the county where the child lives. There is no filing fee in Family Court. After a child support petition is filed, the other side must be served a summons, the petition, and the financial disclosure form.

What is an emergency order to show cause in NY Family Court?

There is a process for making a motion without giving notice. This type of motion is called an Order to Show Cause. This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.

What is the current child support cap in NY?

Effective March 1, 2024, for the next two years, the income cap for child support calculations is $183,000 (up from $163,000) and the income cap for maintenance is $228,000 (up from $203,000). Child support is calculated using the formula in the Child Support Standards Act [DRL 240, FCA 413].

How to reduce child support in NY?

Either the custodial parent who receives child support can petition Family Court for a modificationusually an increase, or the noncustodial parent who pays child support can petition Family Court for a change--- usually a decrease.