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Q: My kids dad makes almost 200,000. The child support was capped at 148,000 in a March 2019 modification. Since the NYS income cap has increased to 154,000 in March 2020 , will I be eligible for a modification? Or even better, how can I get the court to disregard the cap ?
A: You aren’t necessarily eligible for an increase merely because the cap was raised. Instead – unless there was an agreement to the contrary – the standard to modify a prior order of support is if 3 years has passed since the order date, there’s been a 15% change of incomes since the order, or there’s otherwise been a substantial change of circumstances. For a full assessment, you should call a Westchester Child Support attorney to schedule a consult.