The custodial party and/or noncustodial parent subject to a support order in the state have the right to request that the FSD or local child support agency review the support order to determine if the amount of support should be changed based on statewide criteria. Either parent may request a review every three years. However, the FSD or local child support agency is not required to review an order if:
The FSD or local child support agency will review an order even if it was reviewed or adjusted recently if there has been a significant change in circumstance. In this instance a significant change in circumstance is limited to either a parent becoming involuntarily unemployed, a parent becoming employed or a change in custody. Seasonal or intermittent employment that was considered by the court when establishing the support order does not qualify as a significant change in circumstance. Once the FSD or local child support agency has determined that an order will be reviewed, the review and modification process should be completed within 180 days.
The FSD or local child support agency must attempt to modify an order in any of the following circumstances:
If the FSD or local child support agency is not required to modify the order, they must provide to either the custodial parent and/or noncustodial parent, upon request, information on how they can get forms to ask the court to increase/decrease the amount of the support order.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified family lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.