How to Request a Modification of a Custody or Support Order

Life doesn’t stand still — jobs change, children grow, families relocate, and financial situations shift. What was fair and practical when a Family Court order was first issued may no longer reflect your current reality.

The good news is that custody and child support orders in New York are not necessarily permanent. When there’s a significant change in circumstances, the court allows you to request a modification to ensure the order still serves the best interests of the child and both parents.

That said, the process can feel emotionally draining. Many parents worry that seeking a modification will make them look unreliable or combative. Others fear disrupting their children’s stability. But the truth is, modification is not about blame — it’s about updating the law to match life.

Understanding Custody and Support Orders in New York

Custody and child support orders are legally binding judgments issued by either the Family Court or Supreme Court. They dictate how parents share responsibilities and provide financial support for their children.

Here are the two key types of orders:

• Custody Orders (Article 6, Family Court Act):
  Define who has legal custody (decision-making authority) and physical custody (where the child lives), as well as visitation schedules.
• Support Orders (Article 4, Family Court Act):
  Establish how much one parent must pay the other for child support or spousal support, based on income, needs, and the Child Support Standards Act (CSSA).

A modification doesn’t mean starting over from scratch — it means asking the court to adjust an existing order to reflect new circumstances, not to relitigate old issues.

Legal Grounds for Modification

Custody Modification: “A Substantial Change in Circumstances”

To modify a custody order, the requesting parent must show that something significant has changed since the last order was entered.

Common examples include:

• One parent relocating or moving out of state.
• The child’s needs changing due to medical, emotional, or educational issues.
• Parental unfitness, such as substance abuse, neglect, or domestic violence.
• Ongoing interference with visitation or communication.
• The child’s age, maturity, and preferences — especially for teenagers.

The court’s ultimate question is always: Is this modification in the child’s best interests?

Child Support Modification: “Substantial Change” or Statutory Triggers

Under the Child Support Standards Act (CSSA), a parent can request modification if:

• There’s been a substantial change in circumstances, like job loss, disability, or a major change in income.
• Three years have passed since the order was entered or last modified.
• Either parent’s income has changed by 15% or more since the prior order.

However, the court will not reduce payments if a parent voluntarily quits or reduces income to avoid support. The request must be made in good faith.

How to Request a Modification in New York Family Court

The process for seeking modification is straightforward — but attention to detail and timing are crucial.

File a Petition

File a Petition for Modification in the Family Court that issued the original order. The petition must clearly outline what has changed and why a new order is necessary.

Serve the Other Party

You must properly serve the petition on the other parent, ensuring they have notice and the opportunity to respond. Failing to do so can delay or even dismiss your case.

Attend the Court Hearing

The court will schedule a fact-finding hearing. Both sides can present testimony, evidence, and witnesses. The judge will evaluate credibility and determine whether the alleged change is substantial and genuine.

The Judge’s Decision

After reviewing all evidence, the court will issue a written decision and updated order.
If granted, the modification takes effect immediately. Either party has 30 days to appeal.

Evidence That Strengthens Your Case

The foundation of any successful modification petition is evidence — not emotion.

Examples of strong supporting documentation include:

• Financial records: Pay stubs, W-2s, tax returns, unemployment or disability statements.
• Medical or educational records: Proof of new expenses or special needs.
• Communications: Texts or emails showing relocation, schedule changes, or interference with visitation.
• Witness statements: Letters or affidavits from teachers, counselors, or relatives.
• Police reports or CPS records: If safety or neglect issues are involved.

When Life Changes, the Law Should Too

Custody and support orders are designed to reflect fairness at a specific point in time. But as life changes, so should those orders.

If your financial situation, living arrangements, or your child’s needs have changed, you have the right to request a modification. With the right attorney, the process can restore balance and ensure your family’s best interests remain protected.

As Steven Zalewski reminds clients:

“Family Court isn’t just about rules — it’s about real people and real change. When your life shifts, the law must shift with it.”

Get Experienced Help for Your Custody or Support Modification

If you’re considering modifying a custody or child support order in Suffolk County, don’t navigate the process alone. You need a lawyer who knows the Family Court system inside and out — and who understands the emotional realities behind every petition.

Attorney Steven Zalewski, Esq. has over 40 years of Family Court experience, representing parents in custody, visitation, child support, and enforcement cases throughout Long Island.

📞 Office: (516) 377-7830
📱 Cell: +1-516-660-4354
📧 Email: steve@zandzfamilylawyers.com
🏛 Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749‍