The New York Affidavit in Support of Modification of Support is a legal document that is submitted in court to request an increase or decrease in a current child support or spousal support order. It is used when the parties to the existing order want to modify the current terms of the support order due to a change in circumstances. The document outlines the reasons why the modification is needed, and it must be signed by both parties to the existing support order. There are two types of New York Affidavit in Support of Modification of Support: 1. Affidavit in Support of Modification of Child Support: Used when the parties want to modify the amount of child support that is being paid, either increasing or decreasing the current amount. 2. Affidavit in Support of Modification of Spousal Support: Used when the parties want to modify the amount of spousal support that is being paid, either increasing or decreasing the current amount.
New York Affidavit In Support of Modification of Support
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How to fill out New York Affidavit In Support Of Modification Of Support?
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FAQ
Visit the Family Court where your court order was issued and complete a Support Petition for Modification form (also known as form 4-11). Call the Family Court where your child support order was issued and they will mail you the Support Petition for Modification form. Fill it out and mail it back.
Speak with the clerk of court to complete a petition for a modification of your order - you can see the affidavit that you would file in family court on the NY Courts website. Note: If you need to modify your order when the family court is closed, you might be able to do it at the local criminal court.
You can ask the court to modify your current obligation amount (with Family Court Form 4-11) based on a "substantial change in circumstances," or if the order was effective on or after October 13, 2010, it may be modified if: Three (3) years have passed since the order was entered, last modified or adjusted.
Thus, the requesting party must show that a change is justified. Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.
You should file a modification petition as soon as you experience a change in circumstance. You should file as soon as possible because if Family Court changes the amount you owe, they can only change the amount you owe back to the date you filed the petition, not back to the date you experienced the change.
A downward modification of a support order will be granted where a party presents credible evidence that he lost his job through no fault of his own and made a good faith effort to obtain new employment commensurate with his qualifications, education, ability, and experience.
Under New York law, you can request a child support modification if there is a 15% change either parent's income. While typically the court will entertain a child support modification only after at least 3 years has passed since the order was entered, the exception is for a 15% change in income.
Three years have elapsed since the order was entered, last modified or adjusted ? once three years have elapsed, either parent can seek a modification (upward or downward), and the court has the authority to look at the parties current income to recalculate the Basic Child Support amount.