Family Law
Is There Some Way To Determine Is The Noncustodial Parent's Income Has Substantially Increased?
The agency will review support orders every three years if either parent requests a review. As a part of that process, the agency will look at the noncustodial parent`s current income. If it has changed at least 15%, the agency can adjust the child support order, or present the information to the court for modification. Civ. Court Rule 90.3 again comes into play. Remember that the agency can use its administrative process to modify only those support orders that were set by the agency. If the court set the order, such as in a divorce proceeding, only a court can modify the order. You or an attorney can submit a motion to the court to modify your child support order or the agency can submit the determinations to the court system. It is quicker to seek the modification from the court directly rather than through the agency.