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Income change: Reason for post-divorce child support modification

| May 17, 2021 | Family Law

Child support is an important obligation that survives divorce. When two New York parents end their marriage, they are still obligated to care for and financially support their children. Depending on many factors, parents can have monthly child support obligations of varying amounts.

Over time, though, children may require more support than they are receiving. Other circumstances may influence necessary alterations in existing child support orders. This post will look at one factor, income changes, as grounds for modifying child support orders following divorce. Post-divorce modifications of any kind are important legal matters that should be managed by dedicated family law attorneys.

Evaluating income following a divorce

Child support amounts take into consideration many factors, including the incomes of the children’s parents. Generally, higher earning parents pay more child support than lower earning parents. If, however, a parent loses their ability to pay the full amount of child support their order provides, they may seek to modify their existing order.

Situations where parents lose their jobs, suffer demotions, or otherwise experience drops in their income can warrant changes to child support orders. Conversely, when a parent receives a promotion or has a significant increase in their level of income, they may have their child support order modified to increase their monthly payment amounts. Income can serve as the grounds for a modification following divorce.

Who can change a child support order?

A parent can petition to have their child support order modified due to changes in income when it is necessary. They can also seek to have their child support order reviewed once three years have passed since it was adopted. Having a child support order changed through the post-divorce modification process generally requires going to court. A trusted divorce and family law attorney can be a valuable asset to a parent who wishes to engage with this process.