Under what condition can a court not modify a child support order?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

A child support order is typically modifiable based on changes in circumstances, such as income changes or shifts in the needs of the child. However, the law governing the order must allow for modifications to take place. If the law of the original state prohibits modifications, then the court has no authority to alter the existing child support order.

In situations where the original state's law expressly states that certain orders cannot be modified, the court must adhere to that law regardless of the circumstances surrounding the case. This establishes a clear boundary of jurisdiction and authority, ensuring that the family law system operates within the bounds of the original state's regulations.

For instance, even if both parties agree on a modification or if the parties have relocated, those factors would not provide grounds for modification if the original state's laws are strict about not allowing changes to the order. Therefore, the prohibition inherent in the original state’s law is the determining factor that prevents any modification from taking place.

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