The law provides that if the payor either quits or is fired due to misconduct, it is not a basis to change child support. However, if they quit because of some sort of health issue and were advised to do so by a doctor, that may, arguably, be a good basis to modify child support. Other examples would be if a person has quit their job under circumstances where they were being racially or sexually harassed and then they later sued the employer and prevailed. If they can show that they were, in effect, forced to resign from their job through such an atmosphere, it may be a good basis to modify child support.
When Can A Child Support Order Be Modified?
In New York, a child support order can be modified under one of three circumstances: if there has been a substantial change of circumstances, if three years have passed since the order was set, or if there has been a 15% change of one of the party’s incomes. It can also be modified by agreement. Usually, a divorce ends in a settlement agreement and that agreement can change the circumstances under which you can modify child support in the future. You can have an agreement that states that from now on, the only way to change child support is through the old standard governing agreement, which is called unanticipated or unforeseen change of circumstance.
If The Parents Mutually Agree In A Divorce, Can They Set Forth Their Own Terms For Child Support Or Custody Modification?
In a divorce setting, parties can prescribe the amount of child support and the level of custody or visitation. A court will almost never step in and say that a child support arrangement or a custody and visitation arrangement is inappropriate.
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