Under what conditions can a child support order be modified?

If 25% gross income was awarded with a every other weekend custody agreement. However since I have been establishing much more time with the kids that aren’t in the custody agreement. 65/35 in favor of her having the kids more. However with the kids more, along comes the expense. Is it possible to have a reduction in support since obviously I’m also incurring more expenses when I am in care of them. I want more time but it’s difficult to afford while paying her when I have them.

Asked on January 11, 2013 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately probably not. Child support in New York is calculated pursuant to the Child Support Standards Act ("CSSA") (Domestic Relations Law §240(1-b) and Family Court Act § 413(1)(b)).
The "basic child support obligation" is calculated by multiplying the "combined parental income" by the appropriate "child support percentage. Income" is defined as "gross income as was or should have been reported on the most recent federal income tax return" less deductions for, things like social security and New York City and Yonkers income taxes. Child support fir two children is standard at 25% of the combined parental income.  I would speak with an attorney in the area and have him or her take a look at the calculations to double check.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon the fact patter that you have stated in your question, if you are paying a certain amount monthly for child support of your children to their mother based upon a stated percentage of time that she and you have them, but the situation has changed where their mother has the children less and you more, then under the laws of all states in this country you are entitled to make a motion to modify the existing child support order if the mother refuses to sign an order to a monthly decrease.

If she refuses, you should consult with a family law attorney for assistance in bringing the suggested child support modification motion.

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