When can a child support order be changed or modified?

A child support order can be changed or modified if there is a material change in circumstance since the original court order of child support. The party seeking to modify child support will need to petition the court, and will have the burden of proving that circumstances have changed in such a manner that the child support order needs to be altered.

The Basics of Child Support

Public policy places a strong emphasis on each parent providing child support for his or her children. As such, each state has set forth formulas that are used to determine the appropriate level of child support based on the time the children spends with each parent, the incomes of both the custodial and non-custodial parents, the special needs of the child, the number of children, the financial obligations each parent has, and a number of other factors. Careful determination goes into an order of child support that is determined using these formulas.

How to Modify Child Support

Child support orders may be changed in one of two ways. The first is that the parents may agree to modify child support in which case they can present that desired change to the court, who will usually approve it provided there is no strong and compelling reason not to. The second is that one parent can seek a change without the approval of the other parent and can petition the court to make the alteration. If the second scenario is the scenario you find yourself in, you need to be aware that getting the court to make a change may not be a simple matter as courts are only going to make a change if there is a good reason to do so.
This good reason is referred to under the law as a material change in circumstance. A number of different things could constitute a material change in circumstances. Some potential examples of things that could result in an alteration of child support include

• A drastic change in income on the part of either the custodial or non-custodial parent.
• A necessary change in the financial cost of bringing up the child, such as if the child is diagnosed with expensive medical problems that require costly care.
• A change in the custody arrangement that results in the child spending more or less time with one parent than previously.
• A change in the actual, required financial obligations of one parent (i.e. buying a new, fancy bigger house and having a larger mortgage payment is usually not going to be a change in circumstance that results in  your child support being lowered, but having to take on larger, necessary medical bills for yourself could potentially be such a circumstance). 

There may also be other factors as well that lead to an alteration of child support order modification, depending on the circumstances.

Getting Help

You should consult with a child support lawyer, explain your situation and get advice on when and how to modify child support.