How Can I Modify a Child Support Order in New York?

February 19, 2025 · 3 min read

If you pay child support but circumstances have changed since the child support order was made, you may be able to get the child support order changed. A modifications attorney in Queens, NY, explains.

One parent must file a petition with the court that gave the original child support order. The petition should give the reason for the request for modification and present evidence to support that reason. The judge will look over the petition and the evidence. They will then schedule a hearing, at which both parents will have an opportunity to present their side. The judge will then make a decision whether to modify the child support order or not. If they decide in favor of the request, the judge will then issue a new child support order.

What Are Legitimate Grounds for Modifying the Order?

A parent must show that their circumstances have changed in a major way since the child support order was first issued. This could be something like a parent's loss of a job or a significant pay cut. It could be something positive, too, like a major raise in a parent's income. It could mean a change in what the child needs, such as health needs or education needs.

What Kind of Evidence Do I Need to Modify a Child Support Order?

The evidence could be any official documentation of the change. For example, pay stubs or tax returns would show a change in income. A termination notice could be presented as proof of a job loss. If a child's needs have changed, medical or educational records could be submitted to demonstrate what physical or other needs have developed or resolved since the child support order was put in place.

When Should You Request a Child Support Modification?

You should request that the order be modified as soon as you become aware of a major change, such as a change in your location due to a move, or a change in your income that might mean falling behind on child support payments. If you wait to file the request until some time after your circumstances change, it can be harder to prove that the modification request is justified.

When Should You Consult a Modifications Attorney in Queens, NY?

Consult an attorney sooner rather than later for help with modifying a child support order. A lawyer specializing in family law can help you make sure the petition is filed correctly and that you present adequate evidence to support the request. They can also help you negotiate directly with the other parent, if the other parent is willing to work out modifications directly. Then your proposed modifications would simply need to be submitted to the court for approval.

If you need help with getting a child support order changed, reach out to the Law Offices of Joseph H. Nivin in Queens, NY.

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May 27, 2025 in Child Support

Challenging Paternity: What Are My Options?

Paternity can be a sensitive subject, but it's essential to be clear on this issue. Legal recognition of the father can have implications for custody, child support, and visitation. Challenging paternity in Forest Hills, NY is a complex area of law that typically requires court action. An experienced paternity lawyer can let you know what to expect and represent your rights throughout the process. more Challenging Paternity in Forest Hills, NY: What Are My Options? When a couple are married, New York assumes the man is the biological father of any children, unless proven otherwise. If the couple are not married, the man may sign an Acknowledgment of Paternity, typically when the child is born. There may also be an order of filiation. This is a court order that establishes a man as the father in cases where he is not married. When there is agreement between both parents that the man is the father, no further evidence may be required for the order to be granted. Who Can Challenge Paternity? If you don't believe you are the biological father, you will need to file a paternity petition through the court. Only certain people can file a paternity petition in New York, namely: The mother The alleged father The child's guardian The child Social Services What Is the Process for Challenging Paternity in New York? To challenge paternity, you must file a petition with the Family Court setting out your reasons for making the request. The court will expect you to have clear and convincing evidence that you may not be the father. A paternity test will not be granted on a whim. Legal representation is essential to ensure your rights are protected and your paternity petition is granted. If the court agrees to your request, a DNA test will be carried out. The court will then reconvene to consider the results. This will include whether to allow your name to be removed as the father if the DNA test is negative. Can Paternity Always Be Challenged? The courts will always center the needs of the child, even if paternity is in question. This means they may not grant your request for a paternity test if it would cause psychological distress to the child. Some of the factors the court will consider include: The length of your relationship with the child The nature of your relationship Whether disruption to this relationship would be harmful The timeliness of the request Reasons for filing the petition If the court believes that a paternity test would cause significant harm to a child with whom you have already formed a parental bond, your request may not be granted. Consult a Paternity Lawyer Today The complexity of the laws surrounding paternity means that it's critical to seek legal advice promptly. There may also be time restrictions, especially if you signed a voluntary Acknowledgment of Paternity. An experienced paternity attorney will be able to determine if any exemptions apply, such as undue pressure to accept paternity. Once they have assessed your circumstances, they can put your strongest case to the court. We understand the unique challenges surrounding paternity law and can help you secure a fair outcome. Contact us today at the Law Offices of Joseph H. Niven, P.C. in Queens, NY to schedule a no-obligation appointment.

Feb 25, 2019 in Child Support

Enforce Child Support Payments

On Behalf of The Law Offices of Joseph H. Nivin, P.C. The amount of child support payments not paid each year is staggering. The U.S. Census Bureau reported that 30.7% of child support was not paid in 2015 and 25.8% of non-custodial parents made partial payments. Even with a court order or formal agreement, a parent can find himself or herself frustrated when trying to collect child support. A family law attorney can help you if your ex doesn’t pay child support. You can file a petition to enforce child support with the court. Your local child support enforcement office can also use the following administrative remedies: Withhold federal tax refunds and Apply those funds to unpaid child support Garnish wages from the payor’s paychecks Seize property Suspend an occupational license Suspend a business license Revoke the delinquent payor’s driver’s license Deny issuance of a passport to someone who owes more than $2,500 in child support Important Facts To Know Past Payments: If a pay0r finds him or herself behind in payments, called “in arrears,” he or she can ask a judge for a reduction of child support payments. However, only future payments can be reduced, and the pay0r is obligated to pay past due child support in full. Bankruptcy: Child support debt can’t be discharged by bankruptcy because of the public policy preventing parents from using bankruptcy as a way to avoid supporting their children. Out of State: The Child Support Recovery Act of 1992 makes it a federal crime for a parent to refuse to pay child support to a parent living in another state. Congress also passed the Deadbeat Parents Punishment Act of 1998, making it a felony for a parent to refuse to pay child support to a parent living in another state. The Law Offices of Joseph H. Nivin is on your side and can help you to enforce child support payments. Contact us today.

Oct 10, 2018 in Child Support

Child Support Basics for a Self-Employed Parent

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Many parents today are self employed. The child support payment process is governed by state law and the judge or support magistrate will decide how much the non-custodial parent has to pay in child support. “Child support is calculated on the parent’s adjusted gross income,” said Family Law Attorney Joseph H. Nivin. “Where a parent is self-employed, we first determine the self employed person’s business revenue, deduct his or her legitimate business expenses, make the statutory deductions (FICA taxes, NYC or Yonkers taxes and other deductions such as court-ordered child support payments for other children.) Once these items are calculated we than determine the person’s adjusted gross income.” In some cases, your lawyer can present to the judge additional factors that may increase or decrease the state’s child support guidelines. It’s important to share with your lawyer if your child or children have expenses for special needs, daycare, education and health insurance. The term discovery in a child support civil case can sound daunting, but don’t let it stress you out. It’s an important part of the case and a good litigation or civil law attorney will do the work by gathering documents and evidence to support your side of the case. Their goal should be to minimize the invasive nature of the process and keep you focused on your long term goals. Mr. Nivin says, “There’s one way to win a child support case and that’s by accepting an outcome where the child support amount is fair, and allows both parents to support their children while running their businesses and remaining financially solvent.