N.Y. Family Court Act § 451: Continuing jurisdiction

§ 451. Continuing jurisdiction. 1. Except as provided in article

five-B of this act, the court has continuing jurisdiction over any

support proceeding brought under this article until its judgment is

completely satisfied and may modify, set aside or vacate any order

issued in the course of the proceeding, provided, however, that the

modification, set aside or vacatur shall not reduce or annul child

support arrears accrued prior to the making of an application pursuant

to this section. The court shall not reduce or annul any other arrears

unless the defaulting party shows good cause for failure to make

application for relief from the judgment or order directing payment

prior to the accrual of the arrears, in which case the facts and

circumstances constituting such good cause shall be set forth in a

written memorandum of decision. A modification may increase support

payments nunc pro tunc as of the date of the initial application for

support based on newly discovered evidence. Any retroactive amount of

support due shall be paid and be enforceable as provided in section four

hundred forty of this article. Upon an application to set aside or

vacate an order of support, no hearing shall be required unless such

application shall be supported by affidavit and other evidentiary

material sufficient to establish a prima facie case for the relief

requested.

2. A proceeding to modify an order of support shall be commenced by

the filing of a petition which shall allege facts sufficient to meet one

or more of the grounds enumerated in subdivision three of this section.

3. (a) The court may modify an order of child support, including an

order incorporating without merging an agreement or stipulation of the

parties, upon a showing of a substantial change in circumstances.

Incarceration shall not be considered voluntary unemployment and shall

not be a bar to finding a substantial change in circumstances.

(b) In addition, unless the parties have specifically opted out of the

following provisions in a validly executed agreement or stipulation

entered into between the parties, the court may modify an order of child

support where:

(i) three years have passed since the order was entered, last modified

or adjusted; or

(ii) there has been a change in either party's gross income by fifteen

percent or more since the order was entered, last modified, or adjusted.

A reduction in income shall not be considered as a ground for

modification unless it was involuntary and the party has made diligent

attempts to secure employment commensurate with his or her education,

ability, and experience.