New York State child support obligations are governed by the Child Support Standards Act (CSSA), which provides a formula to calculate monthly support and add-on support. Many litigants settle their case by agreement, or "stipulations," rather than by court order, where a matrimonial judge or a Support Magistrate determines how the numbers will be applied.
Children age and their needs increase. The cost of living goes up. In this troubled economy, the parents' financial circumstances change. What happens regarding the Order of Support?
In the past, child support stipulations and opt-out agreements on support were harder to modify than court-ordered obligations. While the law recognized the children's right to be adequately supported, the parent seeking to modify such an agreement would have to demonstrate that the prior agreement was unfair or there was an unreasonable and unanticipated change in circumstances.
In 2010, the law on modification, DRL 236 B(9)(b)(2), and FCA 451, was changed. Now, the parties have the right to seek a modification of a child support order upon a showing of (i) a substantial change in circumstances, or (ii) that three years have passed since the order was entered, last modified or adjusted, or (iii) there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified or adjusted.Where stipulating to child support in a divorce or Family Court matter, the parties must determine whether they want to use the new modification approach, or opt-out of the new law. The Stipulation, orders, and divorce papers must reflect the choice.This is a relatively new provision of the law and there are few court decisions interpreting the new standards and statutory provisions.
Contact your attorney to discuss what may be best in your case.