f there is a change in circumstances – such as job loss, increased or decreased salary – both parties may petition to modify the order. The party seeking a change in the order must file a modification petition containing a statement explaining the change in circumstances. The court then holds a hearing to consider changing the order.
It is very important to file to change the child support order if you lose all or part of your income. In New York state, arrears cannot be changed prior to the filing of the petition. That means that if you wait several months to file to change the order after you’ve lost your job, you will still be responsible for the ordered child support, even if you will have no way to pay. The magistrate will not be able to help you by relieving your responsibility for arrears prior to the filing of the petition, no matter the circumstances.
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