Can I Modify My Child Support in New York?
A free eligibility checker applying the three statutory grounds under Domestic Relations Law § 236(B)(9)(b)(2) and Family Court Act § 451(3) — the three-year rule, the 15% income rule, and substantial change in circumstances.
Informational only — not legal advice.Are you the parent who pays support, or the parent who receives it?
The grounds are the same either way — but the traps are different, and one of them only applies to paying parents.
When was your support order entered, last modified, or last adjusted?
Use the most recent of the three dates — not the date of the original divorce if the order has been changed since.
Was the order entered on or after October 13, 2010?
The three-year and 15% grounds were created by the 2010 Low Income Support Obligation and Performance Improvement Act. They apply to orders entered on or after that date. Older orders are limited to the substantial-change ground.
Does your agreement or stipulation opt out of the three-year and 15% grounds?
The statute lets parents waive these two grounds by explicit language in a validly executed agreement. If yours does, only the substantial-change ground survives. This is the most common reason a modification petition gets dismissed — check the document before you file.
Has either parent’s gross income changed by 15% or more since that order?
Either parent, in either direction. Compare gross income — before taxes — then to now. A raise, a promotion, a layoff, a new job, a business downturn, or a second job all count.
Was that drop in income involuntary — and have you looked for comparable work?
This is the statutory catch. A reduction in income is only grounds for lowering support if it was involuntary and the parent made diligent efforts to find employment commensurate with their education, ability, and experience. Quitting, being fired for cause, or taking a voluntary pay cut will not get support reduced — the court will impute your old income.
Has anything else substantially changed since the order?
Select any that apply. This is the third ground — substantial change in circumstances — and it works even when the other two are unavailable to you.
The three grounds to modify child support in New York
Domestic Relations Law § 236(B)(9)(b)(2) and Family Court Act § 451(3) give a parent three separate routes to a modification. They are written in the alternative — you need only one, and you do not have to prove the other two.
| Ground | What you must show | Can it be waived? |
|---|---|---|
| 1. Three years | Three or more years have passed since the order was entered, last modified, or last adjusted. Nothing else needs to have changed. | Yes — by explicit opt-out in a valid agreement |
| 2. 15% income change | Either parent’s gross income has changed by 15% or more since the order. A reduction only counts if it was involuntary and the parent made diligent efforts to find comparable work. | Yes — by explicit opt-out in a valid agreement |
| 3. Substantial change in circumstances |
A material change since the last order — in the children’s needs, the parenting schedule, a parent’s health or income, or an emancipation. | No — always available |
Read your agreement before you file
The three-year and 15% grounds apply “unless the parties have specifically opted out” of them in a validly executed agreement or stipulation. Separation agreements drafted by careful attorneys very often contain that opt-out. If yours does, filing a petition that relies on the three-year rule will get you dismissed — and you will have spent the filing trip for nothing. The substantial-change ground, by contrast, cannot be waived and is always available to you.
Filing date matters more than you think
A child support modification in New York is generally retroactive to the date the petition is filed — not to the date your circumstances actually changed. If you lost your job in January and file in June, you have accrued five months of arrears at the old rate, and those arrears are not forgiven. Support arrears in New York cannot be cancelled retroactively. For a paying parent whose income has dropped, the single most valuable thing you can do is file immediately, even before you have found new work.
Where do you file?
If your support comes from a Family Court order, you file a modification petition in the same Family Court. If it comes from a Supreme Court divorce judgment, Family Court still has jurisdiction to modify child support under Family Court Act § 451 — and it is the faster, cheaper route, with no filing fee. Spousal maintenance and property division are the exceptions that stay in Supreme Court. Our court selector sorts this out in two questions.
Next: recalculate support under the CSSA formula · split the add-on expenses · post-divorce modification guide · Buffalo family law attorney
Disclaimer: This checker applies the statutory modification grounds of New York Domestic Relations Law § 236(B)(9)(b)(2) and Family Court Act § 451(3) to the answers you provide. It is general information, not legal advice, and it does not create an attorney-client relationship. Whether a change is “substantial,” whether an income reduction was truly involuntary, and whether your agreement validly opted out are fact-specific questions a court decides. Consult a licensed New York attorney before filing or before agreeing to any change. Weinrieb Law — 5555 Main Street, Suite 5, Williamsville, NY 14221 · (716) 759-4529.
Frequently Asked Questions About Modifying Child Support in New York
Can I modify child support in New York?
Yes, if you can establish one of three grounds under Domestic Relations Law § 236(B)(9)(b)(2) and Family Court Act § 451(3): (1) a substantial change in circumstances since the last order; (2) three years or more have passed since the order was entered, last modified, or last adjusted; or (3) either parent's gross income has changed by 15% or more since the order was entered, last modified, or last adjusted. Any one of the three is enough — you do not need all three.
How much does income have to change to modify child support in New York?
Fifteen percent. If either parent's gross income has gone up or down by 15% or more since the order was entered, last modified, or last adjusted, that alone is grounds to seek modification. Important limit: if you are the paying parent asking for a reduction because your income dropped, the reduction must have been involuntary, and you must show you made diligent efforts to find work commensurate with your education, ability, and experience. Quitting a job or taking a voluntary pay cut does not qualify.
Can I modify child support just because three years have passed?
Yes. The three-year ground stands on its own — you do not need to prove anything changed. Three years since the order was entered, last modified, or last adjusted is itself grounds to ask the court to recalculate support under the current CSSA formula and current incomes. This ground applies to orders entered on or after October 13, 2010, and only if you did not opt out of it in your agreement.
What is a 'substantial change in circumstances' for child support in New York?
There is no fixed list. Courts have found substantial changes in a significant involuntary loss of income, a serious illness or disability, a major change in the child's needs (a new medical condition, a change in schooling), a change in the custodial arrangement or the amount of time each parent has the children, the emancipation of one child in a multi-child order, and a substantial increase in the paying parent's income. The change must have occurred since the last order and must be more than trivial.
Can we waive the three-year and 15% rules in our divorce agreement?
Yes — and many agreements do. The three-year and 15% grounds apply only if the parties did not specifically opt out of them in a validly executed agreement or stipulation. Opt-out language must be explicit. If your separation agreement or stipulation of settlement contains it, you are left with the substantial-change-in-circumstances ground only. Read your agreement before you file; this is the single most common reason a modification petition is dismissed.
Do the three-year and 15% grounds apply to spousal maintenance too?
No. Those two grounds are specific to child support. Post-divorce spousal maintenance is modified under a different standard — generally a substantial change in circumstances (DRL § 236(B)(9)(b)(1)), and where the maintenance obligation comes from a separation agreement that survived rather than merged into the judgment, the payor must typically show extreme hardship. Maintenance modification is also more likely to belong in Supreme Court, not Family Court.
How long does a child support modification take in New York?
In Family Court, a modification petition is typically heard by a Support Magistrate within a few weeks to a couple of months of filing, depending on the county's calendar. A contested case with financial discovery takes longer. Crucially, any modification is generally retroactive to the date you filed the petition — not the date the change happened — which is why filing promptly after a job loss matters more than most people realize.