How can I change my child support payment​​?

Child support payments help children survive and thrive. Sometimes parents need to change child support. If your circumstances change, your child support order does not automatically change. If you stop paying, the owed payments will continue to add up. If you need a change in payments, go to court as soon as possible to file a petition. Explain the change in your circumstances and ask for a change of the order.

Qualifying changes in circumstances

You can only ask for a change to your child support order if there has been a "significant change in circumstances" since it was issued. Common changes include:

• Change in Income: You can ask to reduce or increase your child support payments if
  1. you lose your job or 
  2. your income decreases or increases by 15% or more
• Change in Parenting Time: How much time each parent spends with the child can also affect child support payments. If your parenting time changes a lot, you may need a change to the child support order.
• Change in Child's Needs: If your child's needs change a lot (examples: they need expensive medical treatment or therapy), you may need a change in the child support order.
• Change in Legal or Physical Custody: If there is a change in legal or physical custody of your child, you may need a change to the child support order. For example, if custody switches from one parent to the other, you may have to change who pays.
• Change in the Cost of Living: If the cost of living goes up a lot where your child lives, you may need a change to the child support order. 

If you do not have a qualifying change in circumstances, you will have to wait three years after the order was made or last modified before you can request a change.

What if I start getting public assistance?

The court will not know you have started receiving public assistance unless you file a change request. Public benefits do not count as income for child support. Child support cannot be taken from your public benefits check. The payments you owe will pile up. Go to court as soon as possible so you won't owe a lot of money when public assistance ends. 

What if I start getting unemployment benefits or worker's compensation?

Child support can be deducted from (taken out of) unemployment benefits and worker's compensation. If those benefits are less than your earnings when the order started, you can go back to court to get the payments lowered.

How to get a change request

You file a change request in court. The court location or type depends on where your order of support was filed:

• If the order of support is from Family Court, go to Family Court
  • in the county where the order was entered, or 
  • where you and/or child live.
• If the order was part of a divorce judgment in Supreme Court, you can still go to Family Court to change it. You may file in the county where you live or where the child lives.
• In New York City: if your child was receiving public assistance when the order was made, the case was probably in the Child Support Enforcement term (CSET). You would need to go to the Manhattan Family Court.

Collect documents for the change request, such as:

• Copies of your pay stubs and income tax return
• Mortgage statements or rent receipts
• Proof of health care expenses, child care expenses, and other expenses
• Information about your Medicaid, Food Stamps, Social Security or disability benefits, unemployment benefits, and any other income or assistance you receive.

To file the change request:

1. Go to the court and ask to file a child support change request. The Court will give you a petition to fill out. You will also need to fill out a Financial Disclosure Affidavit. 
   1. The Financial Disclosure Affidavit is a worksheet where you will fill in your expenses and income. It is important to be as accurate as possible. Once you fill out the Financial Disclosure Affidavit, you must go to a notary public to sign the document. 
2. Explain the reason for your request: what is the change in circumstances that justifies a modification? Include your documents and financial information to prove the need. 
3. Serve (give) a copy of your petition (request) to the other parent. They will have the opportunity to respond.
4. Attend the court-scheduled hearing. You both get to present evidence and argue your side. Bring a completed Financial Disclosure Affidavit and any other relevant documentation. The judge decides whether to modify the child support order and, if so, how much the new payment should be.

My support order was changed. What happens to payments I owed before?

A change in the order can start the day you filed your change request. But it doesn't erase the payments you owed before you filed the request. The only way to erase past due support is if the person who gets the support agrees.

What happens if my request is denied?

You can call the NYS Child Support Helpline at 1-888-208-4485 or email your local Child Support Office to learn more.