Child support is modifiable every three years or if there is a change in circumstance (for instance, an increase or decrease in income of more than 15%). If you have an order of support from a Family Court, you can return there to seek a modification. If you have an order regarding support through the Supreme Court (for example, the determination was made during a divorce), then you can return to that court and use the same index number as your divorce to start a post-judgment action to modify child support.
Typically, in NY child support runs until the child is 21 years old or emancipated. If your child will never be emancipated because of his special needs, then the support should not terminate.
Best Regards,
Morghan Leia Richardson, Esq.
Divorce Mediator and Attorney
Richardson Legal PLLC
www.MorghanRichardson.com
www.NYDivorceShop.com
Tel: 347-746-1675
Answered on Aug 23rd, 2011 at 8:52 PM