Search Site
Menu
Modifying a New York Child Support Order

This past May, supermodel Linda Evangelista and French billionaire Francois-Henri Pinault finally agreed on a figure for his support of their six-year-old son.  Although the precise amount was undisclosed by the Manhattan court, sources indicate that Evangelista had originally sought $46,000 per month and left the court that day with a smile on her face.

The average New Yorker with an average income, however, doesn’t have these problems. Child support is determined by multiplying the parents’ combined adjusted gross income by percentages set forth under the Child Support Standards Act, otherwise known as the guidelines. The current percentages are:

  • 17 percent for one child, 25 percent for two children
  • 29 percent for three children
  • 31 percent for four children
  • No less than 35 percent for five or more children

A standard chart included in the guidelines is used as a reference when child support payments are set.  The court may also take into account other factors such as a child’s special needs and the needs of other children who are not included in the support order.

When the combined parental income amount exceeds the highest income level of the guidelines ($136,000 as of January 31, 2012), the court is permitted — but not required — to continue using the percentages. In all cases, judges use their discretion to determine an appropriate support amount that keeps your child’s standard of living in line with what it would have been if your marriage had not been dissolved.

If circumstances change, either you or your spouse may petition the court for modification of an existing child support order if:

  • Three years have passed since the last support order, if order was created prior to October 2010
  • Your income has varied by 15 percent or more (note that the courts will carefully scrutinize a request to have your support amount lowered in this case and may demand proof that the decrease in your income was involuntary), if order was created prior to October 2010
  • There has been a substantial change in circumstances

Other factors that will determine a new child support amount include changes in educational expenses or family health care costs. While some courts take a new marriage and children into consideration, others may refuse to accommodate what is deemed your choice to take on greater financial responsibilities.

It is best to seek legal advice before signing any agreement. To learn more about how child support in New York is determined during divorce, contact our office for a consultation.

Leave a Reply

Your email address will not be published. Required fields are marked *

Randy  S.  Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 25 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Reviews & Ratings
  • lawyers
    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

    Read more

    Client

  • lawyers
    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

    Read more

    Client

  • lawyers
    5.0/5.0

    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

    Read more

    Client

  • lawyers
    5.0/5.0

    Mr Margulis was one of the nicest attorneys I have ever had the privilege to speak to. He knows what he is doing and saying. I chose him because he was reassuring, respectful and understanding. He made my divorce easy, without regret and civil.I appr...

    Read more

    Client

  • lawyers
    5.0/5.0

    Randy was referred to me. I am so glad I chose him to represent me. He was efficient and extremely knowledgeable. I would recommend him to anyone and have recommended him to a friend of a friend.

    Read more

    Client

See all reviews
AWARDS
BUFFALO / WESTERN NY
  • Niagara
  • Tonawanda
  • Amherst
  • Cheektowaga
  • Hamburg
  • Lancaster
  • Orchard Park
  • West Seneca
  • Akron
  • Batavia
  • Clarence
  • Kenmore
  • Lockport
Contact us

Quick Contact Form