Can child support be modified if circumstances change?

What the Law Says

New York law allows modification of child support orders when there is a 'substantial change in circumstances' — defined specifically in statute, including income shifts and time-based triggers.

Under New York Domestic Relations Law (DRL) § 240(1-f), a child support order may be modified upon a showing of a substantial change in circumstances. The law identifies several objective triggers that automatically qualify as substantial changes.

One key trigger is a change in either party’s gross income by 15% or more since the order was issued or last modified — unless the change was voluntary or unjust. Another is the passage of three years since the order was entered or last modified.

The law also permits modification if there is a change in the cost of health insurance, child care, or educational expenses — or if the parties agree in writing to a modification. Importantly, modification can only apply prospectively, not retroactively, unless both parties consent in writing.

Statutory Text

A child support order may be modified upon a showing of a substantial change in circumstances.

— Domestic Relations Law § 240(1-f)

Statutory Text

A substantial change in circumstances shall include, but not be limited to: (i) a change in either party's gross income by fifteen percent or more since the order was entered or last modified; or (ii) three years have passed since the order was entered or last modified.

— Domestic Relations Law § 240(1-f)(a)

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