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Commonly Asked Questions about Nys family court modification of support Order Forms

To begin the process of changing your custody order, you will need to fill out the forms for a Petition for Modification of an Order of Custody/Visitation. You can file this Petition for Modification of an Order of Custody/Visitation through the NY Courts website or in the courthouse in the county or borough where
Change (modify) your child support order:  At least three years have passed since your order was last established, modified, or adjusted.  Either parents gross income has changed by 15% or more since the order was last established, modified, or adjusted. A reduction in your income cannot be by your own choice.
There is no definitive definition of substantial change in circumstances. However, there are at least three good examples of what is a substantial change in circumstances, they are: (i) one or more of the children are now over the age of 21 years of age; and/or (ii) one or more of the children have now changed where
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.
Some of these substantial changes could include remarriage, job loss, criminal conduct or a change in lifestyle. The judge may also be willing to hear requests from children over the age of 12 who want to spend more time with one parent.
The amount that is owed for child support may be changed over time based on a cost of living adjustment. Every two years the Child Support Program automatically reviews each child support order to determine whether the amount to be paid should be increased due to cost of living increases.
Under New York law, you can request a child support modification if there is a 15% change either parents 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.
Once the child docHubes 21 or is married, fully employed, or joins the military (emancipated between 17 and 21), the noncustodial parent files a petition to terminate child support in NY. The court then reviews this petition, and after approval, the child support payments stop.