Modifying Child Support

Guide to Child Support

Child Support Guides

Either the payor spouse or the recipient spouse can request a downward or upward modification, respectively, of his or her child support payments upon proof of a real, unforeseen and "material change in circumstances" since the issuance of the current child support order. Typically, this involves a substantial change in one of the parent's incomes. A non-custodial parent who voluntarily leaves his or her job will generally not qualify for a downward modification of the child support order, unless the termination of employment was for justifiable and good reasons. A material change is one which, in conformity with the guidelines, would increase or decrease the amount of the present child support order by at least 10%. In some states and certain situations, an action for modification can be initiated by Child Support Enforcement based on the child support guidelines.

Child Support Modification

To obtain a modification of the order, the parent must complete a Petition to Modify Child Support along with an affidavit attesting to why the child support amount should be changed. The petitioner must also fill out a financial affidavit listing his or her assets and income and pay a filing fee. Parents may choose to negotiate among themselves to modify the terms of the child support agreement in writing and then present the modification to the court for its approval. If the other party consents to the modification, both parents then submit a Child Support Order to the court, along with a child support worksheet and affidavits relating to their assets and income. Alternatively, if they are unable to agree, a parent may request a court hearing before a magistrate on the Petition or Motion to Modify child support payments.

The court may either grant a permanent or temporary modification of the child support order depending on the circumstances. A permanent modification is effective until the order is changed at a future date or maintenance is no longer necessary. In some states, in order to be awarded a modification, the difference between the existing amount of child support and the requested amount, utilizing the statutory guidelines and up-to-date information, must be a minimum percentage per month (i.e. 15% or $50/month).

Change In Circumstances

In general, a material change in circumstances is triggered by either an appreciable change in a parent's economic situation or a different situation for the child. Courts will usually grant a temporary or permanent modification order in cases involving the following types of scenarios:

a substantial change in the child's needs;
disability of either parent;
loss of employment that is not voluntary in nature;
a significant inheritance;
special education needs;
medical emergency for the child;
hike in the cost of living;
remarriage of either parent along with a significant boost to the household income due to the new spouse's income;
a substantially different income due to change in job;
medical or financial hardship on the part of the payee spouse;
inability to pay;
promotion; or
modifications in the parenting plan

Cost Of Living Adjustments

Oftentimes, child support orders contain a COLA clause, which provides for annual augmentation of payments consistent with the increase in cost of living each year. Economic gauges such as the Consumer Price Index establish these annual figures. COLA clauses in child support orders simplify matters for the parties in that they avoid the need to petition for modification on the basis of an increase in the cost of living.