Law Offices of Mark Chauvin Bezinque

Collaborative Divorce in Rochester, New York

Facebook LinkedIn
Schedule
An Appointment
585-325-5110
  • Home
  • About the Firm
    • Mark Bezinque
  • Collaborative Divorce
  • Mediation
  • Other Practice Areas
    • High Net Worth Divorce
    • Spousal Maintenance
    • Child Support
    • Child Custody & Visitation
    • Separation Agreements
    • Same Sex Divorce
  • Resources
    • Blog
  • Contact

How Do I Modify Child Support?

June 10, 2020 By Mark Bezinque

Child support can be modified by agreement or by a court. A party may resist negotiating to change child support unless there is a basis for a court to change child support. Rochester Child Support Attorney So, whether you are trying to negotiate a change in child support, it is helpful to have an understanding of the law for modifying child support orders.

A court will not consider modifying child support unless there is a sufficient basis. The law lists three basic tests to modify support: passage of three years, 15% change in income or a substantial change of circumstances.

The first test is the easiest: have three years elapsed since the order? If so, a court can modify the order. The second test is income-based, has either party experienced a 15% up or down income change? Of course, a downward change in a parties’ income “shall not be considered as a ground for modification unless it was involuntary and the party has made diligent attempts to secure employment commensurate with his or her education, ability or experience.”

At the time of a child support agreement, these first two modification tests can be deleted or changed: the three years could be changed to seven, or six months or removed entirely. Same with the 15%, it can be 2% or 90% or removed altogether. Other factors may be inserted by the parties, such as recalculation when a child enters college.

The third reason for modification, a substantial change in circumstances, is necessarily vague and open to the specific circumstances of the case. A judge will determine whether the claimed changed in circumstances is sufficient to review and change child support.

Often child support is changed when spousal support ends, so a termination of a spousal maintenance (alimony) obligation is accompanied by a change to child support.

Once there is a basis for modification, the questions becomes whether child support should be changed, and if so, how. Contact me and we can start working on your situation.

Filed Under: Child Support

Family Law

  • Collaborative Divorce
  • Mediation
  • High Net Worth Divorce
  • Same Sex Divorce
  • Separation Agreements
  • Child Custody & Visitation
  • Child Support
  • Spousal Maintenance Attorney

    For More Information Please Contact Us

    • Practice Areas
    • Mark Bezinque
    • Resources
    • Contact Us

    Law Offices of
    Mark Chauvin Bezinque

    150 Allens Creek, Suite 250
    Rochester, NY 14618
    Phone: 585-325-5110

    Image of Law Offices of Mark Chauvin Bezinque

    Schedule a Consultation Today

    585-325-5110

    Map Directions

    © 2023, Law Offices of Mark Chauvin Bezinque, All Rights Reserved.