Legal Question in Family Law in New York
If two parties reach an agreement to modify a child support order so that if, in the future, one party has a loss of income, then both parties agree that the support order will also be modified to reflect that lower income, then is the family court required to abide by that request, so long as the agreement between the two parties is written out, signed and mutually agreeable?
1 Answer from Attorneys
If your child support order is covered under the new law and the payor has a change of income by more or less than 15%, either party may move to modify the child support on that basis. However, if you are preparing a written agreement, it must be properly prepared to stand up in court, such as setting forth the child support calculations, etc. An attorney should review any written agreement before you sign it.
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