How To Modify a Child Support Order

Parents must divide custody, visitation, and child support when they get a divorce or begin a legal separation. Regarding child support, a parent’s financial situation, the child’s living arrangements, and the child’s needs influence the child support order. Over time, the situation may change. Child support payments remain the same until a court orders otherwise.

If a parent wants to change the child support requirements, they must petition the court to modify the child support order. Child support modification laws will depend on where you live and your situation. To get legal advice and guidance for your case, it is best to consult a top child support lawyer in your particular state. This article provides an overview of the process involved in a modification request. Read on to learn more.

Determining the Need for Modification

If you have an ongoing child support case with an existing child support order, you can request that the court increase or decrease the amount of the child support payments. Each state calculates child support based on state child support guidelines. If the party seeking the change can prove that there is a “substantial change” in the circumstances, the court may grant the modification.

Substantial Change in Circumstances

In general, child support payments will not change unless a parent petitions the court to modify the award. Modification of child support orders generally requires a “substantial change in circumstances.”

A substantial change in family circumstances that could justify a child support modification may include:

• Substantial change in financial circumstances by the parent paying child support
• Material change in income by the parent receiving the child support payments
• A parent becomes deployed for active military duty
• A change in family size (a larger or smaller number of children to support)
• Increased financial need for the child because of a health care condition, educational expenses, or other special needs
• A parent becomes disabled
• One parent’s incarceration

The court will not take the parents at their word. You must provide support to prove there has been a substantial change that would make modification necessary.

Gathering Necessary Documentation

To prove that your case qualifies for the modification of a child support obligation, you must submit information to support your case. You may need to provide the following:

• Current contact information
• Current gross income and expenses
• Retirement income
• Child care expenses
• Healthcare expenses
• Disability status
• Prison or jail status
• Current agreements concerning the amount of time spent with the child, child custody agreements, and visitation arrangements

A child support attorney can help you determine the most compelling proof in your case.

Understanding the Court Process

In some cases, it’s possible to modify child support without going to court. For example, a judge may include a cost of living adjustment in the support order. The amount of child support is automatically calculated and adjusted accordingly. However, this is limited.

Filing a Petition

Most requests for modification require court intervention. You must file your modification request with the appropriate court. It’s typically the court that issued your original order.

Even if you and the other parent agree on the modification, you must obtain a new child support order issued by the court for the changes to occur. The party filing the petition with the court must also serve the papers to the other parent.

The Child Support Hearing

After you (or the other parent) file a petition for modification with the court, the court may require a child support hearing in person. During the court hearing, you or your attorney will likely bring the supporting evidence showing a significant change, which may include:

• W-2 or income tax records showing a change in a parent’s income
• Tuition or education-related invoices for the child
• Medical insurance records
• Letter of termination or unemployment records
• Any other documents or financial information demonstrating a substantial change in circumstances

This hearing takes place before the family court judge. The judge will hear from both parties.

The Court Issues an Order

After the parties present their case, the judge will ultimately determine the appropriate child support amount based on state statutory guidelines. The judge will issue a court order. 

The court will enter the requested modification or issue a modification with some changes from those requested in the petition. Or, the judge can deny the request altogether. For example, in some jurisdictions, the court may order the parties to mediate the case before any hearing with the court. The exact modification process will depend on your state.

Overcoming Challenges in Modifications

The noncustodial parent typically makes child support payments. Even if the parents no longer live together, they are both legally and financially responsible for the care and needs of the child. If the paying parent is in arrears, the parent receiving child support may initiate an action through the local child support agency, child support program, or child support services. Or, you may need to modify the child support as discussed in this article.

The best way to face and overcome challenges to modifying a current order is to get help from an experienced family law attorney. Your child support attorney will walk you through any challenges during the process. They will prepare your petition, help you gather the necessary evidence, and be by your side at any mediation or hearing. Your attorney will explain your legal rights and options. Get help today.