Child Support Modification
Who Can Ask For A Modification?
The custodial parent may request an increase in support due to a higher income from the non-custodial parent or changes to state support guidelines. Conversely, the non-custodial parent may seek a reduction if their income has decreased through no fault of their own, such as due to unemployment or a downturn in business.
Once it's in place, it is technically possible to modify child support, but the courts are often reluctant to do so.
How Do You Qualify?
It is possible to modify child support in certain situations.
These include:
- When one or both parents’ income changes. This can be an increase or a decrease.
- When one parent loses his or her job.
- When one parent goes to jail or is involuntarily institutionalized for more than 90 days.
- When one parent has a new child from another relationship.
- When parenting time changes significantly.
- When the child’s needs change.
- Any additional factors used in calculating child support, such as changes in taxes, insurance costs, mandatory union dues, and others, can play a part.
Whatever the case, the party seeking to modify child support must show a change in circumstances.
You’ll have to provide proof of income and expenses, medical fees, childcare costs, employment status, visitation and parenting time arrangements, and more.
The good news is that it is possible to modify child support. It takes time and effort, but the court will change the order in the right circumstances.
ITEMS OF NOTE:
- Courts don't retroactively modify payments. They change future payments, but not existing ones or back child support. Whatever you owe, you still owe.
- If you’re the receiving parent and a judge ordered child support below the guideline amount—e.g., less than the amount shown in the calculator—you can request a change at any time.
- When in doubt, look to your written court order. It spells out who is responsible for support payments, tax breaks, medical insurance, and more.
- Your court order also outlines how payments are to be made. Payments made through unapproved channels may be treated as gifts and not applied toward your obligation.
Related Reading: An In-Depth Look At Payment Calculation
Related Reading: Child Custody Modifications
