Child Support Modification

Your living circumstances can change all the time, with rising costs of caring for children or a sudden financial emergency. If you are receiving support to care for your child, you may need more money to provide the same quality of life. If you are paying support, it may be tough to keep up with those payments if you lose your job. The court can review requests to modify child support orders based on a change in circumstances.

This article explores when and how to modify your child support court order. Child support laws are different in every state. A family law attorney can help you understand child support guidelines and when you can make changes to the monthly child support amounts. For legal advice about your individual situation, contact an experienced child support modification lawyer in your area.

Reasons for Modifying Child Support Orders

The amount of support is generally based on child support guidelines. Guidelines account for many factors, including the parent’s income, parenting time, and the child’s individual needs. Once the court establishes the ordered amount of support, it stays in effect until there is a modification of child support.

To change a child support order, you must show a significant change in your situation. A substantial change in your finances or living situation may warrant a change to the court order. State child support laws generally define a significant or substantial change for child support purposes. Examples of changes for modifying child support include:

• Support obligations for more children
• Significant change in current income (increase or decrease)
• Change in the child’s health care needs
• A change in the legal child custody arrangement
• Parent’s incarceration
• Child or parent moving away to a different state

Legal Requirements to Change Child Support Payments

The child support order modification process is complex. In some states, you may have to wait a certain number of months or years before you can petition the court to change the payment amount, unless there is a significant change in circumstances. The court will consider several factors to determine if a modification is justified. To request a change, you need to gather supporting documents and financial information. Supporting documentation can include:

• Current financial information, such as pay stubs, income tax returns for the most recent tax year, and bank statements
• Medical insurance (dental and vision) costs for the child only
• Childcare costs or after-school care costs
• Current child custody and visitation orders
• Unpaid child support
• Your court case number or child support enforcement agency number

Once you have all this information, speak to an experienced family law attorney. A private attorney can assess if you qualify to seek a child support modification. You can talk to the child support enforcement agency about re-calculating child support to see if a modification is available.

Many states will have online child support calculators to get an idea of what the new amount could be in your child support case. However, there are many specific factors the family court judge considers. Your child support obligation depends on your individual situation. The child support program calculators only give you a general idea of the support amount.

Contest a Child Support Modification Request

If the other parent petitions the court to change the support order, you can challenge the petition. Whether you are the parent receiving child support or the paying parent, you can contest the modification petition. A child support attorney can help with the court filings.

You will still need all the supporting documentation listed above. You can request the other parent’s financial information to get a better picture of their assets and any change in income. In some cases, the other parent may try to hide income or claim they don’t have enough money. Your attorney can investigate their financial situation and identify potential fraud.

The Risk of Unauthorized Modification

Do not modify the amount of child support just because you think it’s not fair. The paying parent has a legal obligation to make support payments for as long as the court order is in effect. You need to modify your monthly support obligations before you can change them.

You can face interest and penalties for any unpaid child support. Child support debt does not go away, and even bankruptcy won’t discharge child support debt. If you ignore court-ordered child support payments, you could face contempt of court charges or possible jail time.

Even if the other parent won’t let you see your child, you still have to make payments. You have to go through the court to enforce visitation and custody orders. Cutting off child support will only get you in trouble. For questions about modifying ch