NY Child Support can be modified after the loss of employment, but proper proof must be provided or the modification of child support will be denied. In addition, if the petition for the reduction does not state the required criteria the request may be denied without even a hearing.
NY has three basic reasons for modifying child support up or down: 1. it has been three years or longer since the date of the current order; or 2. there has been a change in either party's income by 15% or more; or 3. there has been a substantial change in circumstances that merit an adjustment.
A basic petition that states that the paying parent has lost employment and that accordingly their income has decreased by 15% or more and therefore a downward modification is requested is not enough and may be denied.
The petition must allege that the loss of employment is not for "cause" and "through no fault of the employee" AND that the obligated parent is pursuing a legitimate job search for comparable employment and/or income without success.
For example, an employee discharged for failing to report to work consistently or for insubordination or poor performance reviews will likely not be granted a reduction. However, an employee who is part of a downsizing, or a company losing a contract and then terminating the employee, or a company going out of business or closing a division is far more likely to succeed provided the person is actively looking for a new job for which they are reasonably qualified.
It is very important to maintain proof of your job search including applications, emails sent and received, contact with headhunters and employment agencies, online searches, networking with colleagues and friends, attendance and result of all interviews and proof of enrollment for continuing education or certifications being obtained to increase skills.
While all of these things may not exist a week after job loss, it is important to set forth what you have been doing in your petition so that you will be granted a hearing and then by the time of the hearing you will have a folder or two of supporting documents.
The other important information is that the court is without authority (except in special situations) to grant a reduction that is prior to the date of the filing of the petition. So if you wait a month to file your petition you will still be obligated to pay the original amount of child support until the court grants the downward modification EFFECTIVE on the date of filing of your petition. So while you may not want to immediately file, it may be the best protection if your unemployment continues.
There are many other aspects of a successful downward modification and even with the right to file there is no guarantee of success if other factors play a role in the determination. These other factors are best discussed with an experienced matrimonial attorney.