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Module 1: Overview of NYS CSE Program

Support Establishment: Filing a Modification Petition with Family Court

Graphic illustrating that a judge may order either an upward or downward modification

After hearing a petition for modification, the judge may issue a new child support order, based on the parties' current financial circumstances.

Either parent can file a petition with Family Court for a modification if there is a significant change in circumstances since the original child support order was established.

A change in circumstances may include:

  • A substantial change in either parent's income (upwards or downwards)
  • Increased needs of a child
  • Medical disability
  • The non-custodial parent obtaining health insurance

The court may hold a hearing and the parent or guardian seeking a change in the child support order will have to prove that there was a substantial, non-voluntary change in circumstances.