How to Get Child Support Reduced in New York

Many individuals are ordered to pay child support in the State of New York, especially after a New York divorce. These payments are made by one of a child’s parents to fulfill the financial responsibility they owe as a parent.

If the parent does not make these payments, their child may not have the basic support that they need to thrive. If an individual is required to make child support payments but their circumstances have changed and they are not able to pay the full amount, they can reach out to their local Family Support Division (FSD) to find out about their options.

Under federal laws, every state is required to have procedures for periodic review and adjustment for child support cases that the state agency handles. The child support agency will automatically conduct reviews at least once every three years of child support orders for families that are receiving Temporary Assistance for Needy Families (TANF).

For cases not involving TANF, the child support agency will provide notice to the child’s parent or custodian regarding their right to request a review of their child support order at least once every three years.

Both the paying parent and the receiving parent may request a review of the child support order at any time if there has been a substantial change in circumstances. Child support agencies may handle reviews in different ways when they are working with a child’s parent or custodian, for example:

• Review and adjust the child support order according to the child support guidelines if the amount of child support is different from the amount that would be awarded pursuant to the child support guidelines
• Apply a cost-of-living adjustment according to the child support calculation formula used
• Employ automated methods, such as automated comparisons with wage or state income tax data, in order to:
  • identify orders that are eligible for review
  • conduct the review
  • identify orders that are eligible for adjustment
  • apply the adjustment

If someone is requesting a reduction in their payment amount, they must show they have had a substantial or material change in circumstances, for example:

• Incarceration
• Cost of living change
• Changes in the child’s needs
• Substantial reduction in income
• Loss of a job
• Major illness or disability

For more information on how an individual can lower child support payments in New York, it is important to consult with a local attorney in New York.

What Factors Can Lower Child Support?

Several factors are considered when calculating child support, which may include:

• The amount of a pre-existing court order
  • For example, spousal support amounts will be deducted from the gross income of the non-custodial parent
• When used during a job search or for employment, the net childcare costs of the custodial parent
• The cost of providing healthcare coverage for the child
• Whether the child has any extraordinary expenses, such as medical or special or private schooling needs, by agreement of the parties or by an order of the court

If an individual has any additional questions regarding lowering child support in New York, they can reach out to a local attorney for help.

What Is a “Substantial and Material Change”?

Although child support orders may be reviewed automatically every three years, the parties involved are not required to wait for that evaluation to request a change. Either party may request a review and adjustment of their child support amount if there has been a substantial and material change in their circumstances.

The typical measure of a substantial and material change is that the new order amount will differ from the current order amount by 15% or more. A child support agency will only be able to conduct a review when the requesting party provides sufficient evidence of a substantial and material change in circumstances.

Every state will have its own formula that is used to calculate the child support guideline amount, which will usually consider:

• The incomes of both of the parents
• The childcare expenses of the custodial parent
• The number of children the non-custodial parent has, whether they are biological or adopted, who currently live in the household
• The non-custodial parent’s medical insurance expenses for the child, if they provide them
• Whether or not the paying parent has other child support obligations

Any decision involving a child that is made by a court, including a New York State court, will be made following the child’s best interests standard.

What Is the Legal Process of Child Support Modification?

Although the specific legal procedures for child support modification may differ by jurisdiction, certain general steps will likely be followed in all jurisdictions. The amount of child support a non-custodial parent may be ordered to pay will be calculated by the New York State guidelines.

The State of New York provides an online child support calculator. This can be used to determine whether an individual’s order may be modified based on the state calculations.

If a paying party thinks their child support obligation amount should be modified, they may be able to request a modification in two ways:

• Requesting a Child Support Enforcement Agency (CSEA) review
• Filing a motion in a court of law

A review request can be submitted to their county CSEA. Using this method, the caseworker will examine the circumstances of both parents to determine whether the order should be modified. The parties do not have to be present for these reviews.

When an individual files a motion in a court of law, they must serve the other parent with the paperwork. The party who files the motion may be required to attend a hearing to present evidence of their change of circumstances.

The court will have considerable flexibility compared to the CSEA in considering the party’s unique situation when determining if their order should be revised. Having an attorney handle these types of motions will provide them with the best chance at success.

No matter the method that the individual uses, they should keep making their required child support payments until the order is issued. If a court determines that there was a material change of circumstances, it will provide a new child support amount.

When Do I Need to Contact a Lawyer?

If you are a parent who is required to make child support payments and you believe your payment amount should be decreased, there are options available. It is important that you keep making your required payments or the amount that you are able to pay to show that you are making a good-faith effort.

Your New York child support lawyer will be able to help you with any type of child support issue that you may be having. LegalMatch is a no-cost and easy way for you to find a child support attorney near you who can help you resolve your legal issue.

All you have to do is submit your concern or question on the LegalMatch website, and you will get responses from member lawyers near you in about 24 hours. These responses will give you information on the lawyer’s background, fee arrangements, and client reviews, allowing you to choose the best fit for your needs.