How to modify child support or alimony in New York

Sources last checked 3 November 2026. Information only, not legal advice.

New York divorce kit How child support is calculated Alimony in New York Legal aid in New York

The short version

If you already have a child support order from Family Court, the court’s own CourtHelp page says you can use the Support Modification DIY Program to ask the court to change it, and the court’s form for this is Form 4-11, Petition for Modification of an Order of Support. The statute says a proceeding to modify an order of support is commenced by filing a petition that alleges facts sufficient to meet one or more of the statutory grounds. The DIY program is free to people who do not have a lawyer, and it asks for a change in circumstances.

What the motion can ask for

Form 4-11 is a petition about child support. It asks you to identify the judgment or order you want changed, list the children affected, say whether the court that made the order kept exclusive jurisdiction to modify it, explain why you have standing, state the ground you rely on, and say how the order should be modified. A box on the form lets you say you did not seek relief earlier and explain why, which matters for arrears (see below).

For alimony, which New York calls maintenance, the court’s CourtHelp page says maintenance between divorced spouses is decided in Supreme Court during the divorce case. We did not read a current Supreme Court form or instruction sheet for changing maintenance after judgment, so this page does not describe one. The statute that governs the grounds is summarised below.

What else you file

Personal Information Form (Form 4-5/5-1d). The note at the top of Form 4-11 says it contains Social Security numbers of the parties and dependents and must be filed with the petition.
A copy of the judgment or order you want changed. Form 4-11 says a true copy is attached and made part of the petition.
Address confidentiality request (Form 21), only if disclosure of an address would pose an unreasonable risk to health or safety. The footnotes on Form 4-11 point to it.
The DIY program’s checklist: the other parent’s name and address, a copy of the support order, and the names, addresses and birth dates of the children.

What the statute says

Child support, substantial change. Under Domestic Relations Law 236(B)(9)(b)(2)(i) and Family Court Act 451(3)(a), the court may modify child support, including an order that incorporates an agreement, “upon a showing of a substantial change in circumstances.” Incarceration is not voluntary unemployment and is not a bar to finding one.
Child support, three years or fifteen percent. Unless the parties validly opted out in a signed agreement or stipulation, the court may also modify where three years have passed since the order was entered, last modified or adjusted, or where either party’s gross income has changed by fifteen percent or more since then. A reduction in income counts only if it was involuntary and the party made diligent attempts to find work suited to their education, ability and experience.
Maintenance (alimony) grounds. Under DRL 236(B)(9)(b)(1), on application by either party the court may modify a prior order or judgment made after trial “upon a showing of the payee’s inability to be self-supporting,” upon a substantial change in circumstance including financial hardship, or upon actual full or partial retirement of the payor if it results in a substantial change in financial circumstances.
Maintenance set by agreement. Where an agreement remains in force, the statute says no modification of an order incorporating it may be made without “a showing of extreme hardship on either party.”
Arrears. The court may not reduce or annul child support arrears accrued before the date of the application. Other maintenance arrears can be changed only if the defaulting party shows good cause for not applying earlier, set out in a written decision. A modification may increase support back to the date of application based on newly discovered evidence.

Notice, service and hearing

We did not read a service or notice deadline for a modification petition in the court sources above, so none is stated here. Use the summons the court gives you and ask the clerk.
If a Support Magistrate decides the case and you disagree, the court’s page says an Objection must be filed within 30 days of the date the order was sent to you. The other parent can reply, and either parent can appeal the decision on the Objection.
Form 4-11 carries a notice that a support order resulting from the proceeding is adjusted for cost of living by the Support Collection Unit no earlier than twenty-four months after it is issued, last modified or last adjusted, and that both parties have the right to object and be heard.

Before you file

This page does not state a filing fee for a modification petition, because the sources we read do not state one. The court’s spousal support page says there is no filing fee in Family Court for a spousal support petition. Confirm with the clerk.
Forms change. Check the current Form 4-11 on the New York Courts website before you file.
For free or low-cost help, see legal aid in New York. For the full divorce process, see the New York divorce kit, and for the numbers see child support and alimony.

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