Modifying a child support order in New York (2026)

How do you modify child support in New York?

Only a court can change a New York child support order, apart from the cost of living adjustment described below. A parent asks for a modification by filing a petition in the Family Court that issued the order, on Family Court Form 4-11. New York’s courts offer a free Support Modification DIY form program, and the local child support office can help a parent who is enrolled for services file the petition.

The petition has to state facts that meet at least one of the grounds in Family Court Act § 451(3). Domestic Relations Law § 236(B)(9)(b)(2) sets the same grounds for orders made in divorce cases.

What are the grounds for modifying child support in New York?

Ground	What it requires	Section
Substantial change in circumstances	A substantial change since the order was made	FCA § 451(3)(a); DRL § 236(B)(9)(b)(2)(i)
Three years	Three years have passed since the order was entered, last modified or adjusted	FCA § 451(3)(b)(i); DRL § 236(B)(9)(b)(2)(ii)(A)
Income change	Either parent’s gross income has changed by 15 percent or more since the order was entered, last modified or adjusted	FCA § 451(3)(b)(ii); DRL § 236(B)(9)(b)(2)(ii)(B)

The Child Support Program notes that the three-year and 15 percent grounds apply to orders effective on or after 13 October 2010.

What is the 15 percent rule?

The court may modify an order if either parent’s gross income has changed by 15 percent or more since the order was entered, last modified or adjusted, without any other change being shown. Two limits apply:

• Involuntary reductions only. A drop in income counts only if it was involuntary and the parent made diligent attempts to find work that matches their education, ability and experience.
• Opting out. Parents can opt out of the three-year and 15 percent grounds, but only specifically and in a validly executed agreement or stipulation. A substantial change in circumstances remains a ground either way.

The test is a change in a parent’s income, not in the support amount. For one child, if the other parent’s income rises from $6,000 to $6,900 a month (15 percent) and the parent the children live with earns $4,000, a recalculated guideline would go from $941.97 to $1,083.27 a month.

Open the recalculated family in the New York calculator

Can child support be lowered after a job loss?

Only through the court. New York’s Child Support Program says job loss does not end the obligation, only a court can change the order, and the full ordered amount stays due in the meantime. It lists these steps: tell the local child support office, which the law requires; ask the court to review the order by filing a modification petition; and arrange to pay what is possible until withholding from unemployment benefits starts.

An involuntary loss of income, with diligent efforts to find comparable work, can meet the 15 percent ground. A court can also impute income to a parent who reduced their income to avoid support (see the guide to imputed income).

Does incarceration count as a change in circumstances?

It can. Family Court Act § 451(3)(a) says incarceration is not treated as voluntary unemployment and does not by itself bar a finding of a substantial change in circumstances. The Child Support Program lists incarceration among the situations in which an order may be modified.

Is a modification retroactive?

Not for past debt. Family Court Act § 451(1) says a modification cannot reduce or cancel child support arrears that built up before the application was made. This guide does not cover when a modified amount takes effect in a particular case. The guide to back child support in New York covers what happens to arrears: interest, judgments and enforcement.

What is a cost of living adjustment?

Separately from modification, the Child Support Program reviews the orders it handles every two years to see whether the amount should rise with the cost of living. This can happen without going to court. An order is eligible when:

• it is at least two years old; and
• the consumer price index for urban consumers has risen by 10 percent or more since the order was made or last reviewed.

The amount then rises by the same proportion as prices. In cases without public assistance, both parents get a notice and either can ask for the adjustment; when the parent the children live with, or the child, receives public assistance, it is applied automatically. Either parent can object. A case where the paying parent receives Temporary Assistance is not eligible.

Does the 2026 income cap change an existing order?

Not by itself. The combined income cap rose on 1 March 2026 (see the guide to incomes above the cap), but an existing order changes only through the court or a cost of living adjustment.

What this guide does not cover

This guide does not cover enforcement (see back child support in New York), ending an order when a child turns 21 or is emancipated (see how long child support lasts), orders from other states, or the date a modified amount takes effect. The figures are estimates of the guideline amount. A court can order a different amount, and an existing order only changes when it is modified.