How to change child support in New York

When a change is allowed, how to ask the agency or the court, and a free letter to ask for a review.

Checked against official sources: Oct 25, 2026.

Short answer

To modify an order means to change the amount by a new order. The court can modify an order when there is a substantial change in circumstances. Unless the parents opted out in a written agreement, the court can also modify when 3 years have passed since the order was entered or last changed, or when either parent's gross income has changed by 15% or more.

Agency review
Every 3 years if a parent asks (federal law)

When you can ask for a change in New York

The court can modify an order when there is a substantial change in circumstances. Unless the parents opted out in a written agreement, the court can also modify when 3 years have passed since the order was entered or last changed, or when either parent's gross income has changed by 15% or more. A lower income counts only if the loss was involuntary and the parent has tried hard to find comparable work. Incarceration is not voluntary unemployment. Past-due support (arrears) cannot be reduced for the time before you filed.

Law: Fam. Ct. Act § 451(3); Fam. Ct. Act § 413-a; Soc. Serv. Law § 111-n

Can I ask for a change? Check your situation

New York's rule: The court can modify an order when there is a substantial change in circumstances. Unless the parents opted out in a written agreement, the court can also modify when 3 years have passed since the order was entered or last changed, or when either parent's gross income has changed by 15% or more. A lower income counts only if the loss was involuntary and the parent has tried hard to find comparable work. Incarceration is not voluntary unemployment. Past-due support (arrears) cannot be reduced for the time before you filed.

Law: Fam. Ct. Act § 451(3); Fam. Ct. Act § 413-a; Soc. Serv. Law § 111-n

Until a new order is made, the current amount is still owed. A change can count only from the date the other parent gets notice of your request, so ask soon.

Law: 42 U.S.C. 666(a)(9)

How to ask in New York: File a petition to modify in Family Court describing the change, with a certified copy of the current order. In child support agency cases, an administrative cost-of-living adjustment (COLA) review is available every 2 years at a parent's request (automatic in TANF cases); it is made when the cost-of-living index has risen 10% or more.

How a change is made in New York

File a petition to modify in Family Court describing the change, with a certified copy of the current order. In child support agency cases, an administrative cost-of-living adjustment (COLA) review is available every 2 years at a parent's request (automatic in TANF cases); it is made when the cost-of-living index has risen 10% or more.

Write to the child support agency to ask for a review: Ask the agency to review (change) your order

New rules in New York

The combined parental income cap and self-support reserve change on a set schedule: the reserve every March 1, and the income cap every two years on March 1. Current amounts are published in OTDA's Child Support Standards Chart.

Law: Soc. Serv. Law § 111-i

Jail, prison and support

State guidelines may not treat time in jail or prison as choosing not to work, when support is set or changed.

Law: 45 CFR 302.56(c)(3)

In nearby states

Steps to change support in New York

  1. Read your current order

    The date of the order matters for the rule.

  2. Compare with the rule

    In New York: The court can modify an order when there is a substantial change in circumstances.

  3. Gather proof

    Bring proof of the change, such as pay stubs or a layoff notice.

  4. File the request

    Contact NYS Office of Temporary and Disability Assistance (OTDA), Division of Child Support Services (1-888-208-4485)

  5. Ask for free help

    Legal aid can help for free: LawHelpNY (legal aid directory).

Free help in New York

Questions about changing support in New York

What counts as a reason to change support in New York?

The court can modify an order when there is a substantial change in circumstances. Unless the parents opted out in a written agreement, the court can also modify when 3 years have passed since the order was entered or last changed, or when either parent's gross income has changed by 15% or more. A lower income counts only if the loss was involuntary and the parent has tried hard to find comparable work. Incarceration is not voluntary unemployment. Past-due support (arrears) cannot be reduced for the time before you filed.

Where do I file to change support in New York?

File a petition to modify in Family Court describing the change, with a certified copy of the current order. In child support agency cases, an administrative cost-of-living adjustment (COLA) review is available every 2 years at a parent's request (automatic in TANF cases); it is made when the cost-of-living index has risen 10% or more.

Related New York pages

Sources

Sources

Last checked: Oct 25, 2026.

Federal sources