FAMILY COURT – STATE OF NEW YORK
COUNTY OF [COUNTY]
In the Matter of a Proceeding for Modification of Child Support Under Article 4 of the Family Court Act
| Petitioner: | [PETITIONER NAME] |
| – against – | |
| Respondent: | [RESPONDENT NAME] |
Docket No.: [DOCKET NUMBER]
File No.: [FILE NUMBER]
VERIFIED PETITION FOR MODIFICATION OF CHILD SUPPORT ORDER
(“Petition”)
Date of Filing: [MM/DD/YYYY]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Relief Requested)
- Jurisdictional & Factual Allegations
- Representations & Warranties
- Covenants Pending Determination
- Default & Enforcement Mechanisms
- Miscellaneous & General Provisions
- Verification & Signature Block
[// GUIDANCE: Bracketed fields must be completed before filing. Remove guidance comments prior to submission.]
1. DOCUMENT HEADER
1.1 Parties.
(a) Petitioner: [PETITIONER NAME], residing at [ADDRESS], is the custodial / non-custodial (circle one) parent of the minor child(ren) identified herein.
(b) Respondent: [RESPONDENT NAME], residing at [ADDRESS], is the non-custodial / custodial (circle one) parent.
1.2 Prior Order. On [PRIOR ORDER DATE], the Court entered a final Order of Support (“Support Order”) under Docket No. [PRIOR DOCKET], directing Respondent to pay child support in the amount of $[AMOUNT] per [week/bi-week/month].
1.3 Governing Law. This proceeding is governed by:
• New York Family Court Act (“FCA”) §§ 413 & 451;
• Domestic Relations Law (“DRL”) § 240(1-b); and
• 45 C.F.R. Parts 302 & 303 (federal IV-D regulations, where applicable).
2. DEFINITIONS
For purposes of this Petition:
“CSSA” means the New York Child Support Standards Act, DRL § 240(1-b) & FCA § 413.
“Child(ren)” means the minor child(ren) of the parties: [NAME(S), DOB(S)].
“Current Income” means each party’s most recent gross income as reported on the latest federal income tax return and year-to-date pay stubs.
“Material Change” has the meaning set forth in FCA § 451(3)(a)–(c).
“Support Order” has the meaning given in § 1.2 above.
[// GUIDANCE: Add any additional defined terms as needed.]
3. OPERATIVE PROVISIONS (RELIEF REQUESTED)
3.1 Modification of Basic Support. Pursuant to FCA § 451, Petitioner seeks a new basic child-support obligation calculated under the CSSA guidelines, based on the parties’ Current Incomes and the statutory income percentage caps.
3.2 Modification of Add-On Expenses. Petitioner requests proportional re-allocation of statutory add-ons (health-care, child-care, educational expenses) in accordance with each party’s pro-rata share of combined parental income.
3.3 Effective Date. Petitioner requests that any modified obligation be made effective retroactive to the date of service of this Petition on Respondent.
3.4 Income Execution. Petitioner requests issuance of an immediate income execution/wage-garnishment order under FCA § 5241 to secure timely payment of the modified support.
3.5 Cost-of-Living Adjustment (“COLA”). Petitioner requests that the Support Collection Unit apply future automatic COLA adjustments as provided by FCA § 413-a.
4. JURISDICTIONAL & FACTUAL ALLEGATIONS
4.1 Residency. At least one party has resided in the State of New York for a continuous period exceeding six (6) months immediately preceding the filing of this Petition.
4.2 Venue. Venue is proper in [COUNTY] County because the Child(ren) reside(s) therein / the prior Support Order was entered here.
4.3 Statutory Basis for Modification. Modification is warranted because (check all that apply):
a) ☐ A substantial change in circumstances has occurred, specifically: [DESCRIBE, e.g., job loss, disability, change in custody].
b) ☐ More than three (3) years have elapsed since the entry of the Support Order (FCA § 451(3)(b)).
c) ☐ There has been a 15 percent or greater change in either party’s gross income since entry of the Support Order (FCA § 451(3)(c)).
4.4 Income Disclosure. Attached hereto as Exhibit A is Petitioner’s most recent IRS Form 1040, W-2/1099, and four (4) current pay stubs. Petitioner will exchange the CSSA Financial Disclosure Affidavit with Respondent pursuant to 22 N.Y.C.R.R. § 202.16-b, and file proof of service.
4.5 Health Insurance. [STATE whether the children are presently covered, by whom, and any changes requested.]
5. REPRESENTATIONS & WARRANTIES
Petitioner represents and warrants to the Court that:
5.1 Accuracy. All factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
5.2 Good-Faith Filing. This Petition is filed in good faith and not for the purpose of delay or vexation.
5.3 Compliance. Petitioner has complied with all prior court orders to the extent practicable, or, where non-compliance occurred, has fully remedied same.
5.4 Disclosure Obligation. Petitioner will promptly supplement financial disclosures if any material change occurs prior to final determination.
6. COVENANTS PENDING DETERMINATION
6.1 Temporary Support. Petitioner agrees to accept Respondent’s continued payment of the current Support Order without prejudice until the Court issues a temporary or final order.
6.2 Documentation. Each party shall furnish to the other, within ten (10) days of demand, any additional documentation reasonably required to verify income or child-related expenses.
6.3 Notice. The parties shall notify each other and the Court of any change of employment or address within five (5) days of such change.
7. DEFAULT & ENFORCEMENT MECHANISMS
7.1 Failure to Appear. Should Respondent fail to appear after due service, Petitioner seeks entry of a default order modifying support as requested herein, together with statutory interest, costs, and fees.
7.2 Contempt. Continued non-payment after modification shall constitute willful violation of a lawful order, subjecting Respondent to contempt sanctions under FCA § 454, including incarceration and sequestration of assets.
7.3 Income Execution. Upon proof of delinquency equal to or exceeding the amount of four (4) months’ obligation, Petitioner requests authorization for the Support Collection Unit to initiate additional enforcement such as tax-refund offset, medical-support enforcement, and suspension of driver’s and professional licenses.
8. MISCELLANEOUS & GENERAL PROVISIONS
8.1 Governing Law. All issues arising out of or relating to this Petition shall be governed by the family-law statutes of the State of New York.
8.2 Forum Selection. The exclusive forum for determination of this Petition is the Family Court, County of [COUNTY], State of New York. Jury trials are unavailable in this forum for child-support proceedings.
8.3 Severability. If any provision herein is declared void or unenforceable, the remaining provisions shall continue in full force, provided that the basic intent of the Petition is not defeated thereby.
8.4 Integration. This Petition, together with its exhibits, constitutes the entire pleading for the relief sought; no prior oral or written statements shall have any effect.
8.5 Amendments. This Petition may be amended only with leave of Court as provided in FCA § 165 and CPLR § 3025.
9. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that the Court:
A. Modify the Support Order dated [PRIOR ORDER DATE] by recalculating child support in accordance with the CSSA, using the parties’ Current Incomes;
B. Reallocate statutory add-on expenses pro-rata;
C. Make the modification retroactive to the date of service of this Petition;
D. Direct immediate wage garnishment/income execution under FCA § 5241;
E. Award statutory costs and disbursements to Petitioner; and
F. Grant such other and further relief as the Court deems just and proper.
VERIFICATION
STATE OF NEW YORK
COUNTY OF [COUNTY] ss.:
I, [PETITIONER NAME], being duly sworn, depose and say: I am the Petitioner in the above-captioned matter; I have read the foregoing Petition and know the contents thereof; the same is true to my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true.
[PETITIONER NAME]
Sworn to before me this ___ day of _, 20.
Notary Public
State of New York
My Commission Expires: __
EXHIBIT A – FINANCIAL DISCLOSURE
[Attach completed CSSA Financial Disclosure Affidavit, recent tax returns, W-2/1099, pay stubs, and proof of child-related expenses.]
[// GUIDANCE: File original with the Family Court Clerk, serve conformed copies with notice of petition and summons in accordance with FCA § 427 and CPLR Article 3. Retain proof of service. Attach additional exhibits (health-insurance cards, daycare invoices, etc.) as needed.]