Child support modification can be done at any time. A parent may ask to raise or lower the amount of child support paid. If the judge ordered a child support that is below the guideline amount, then the amount of child support can be changed at any time and you do not have to show a “change in circumstances.” This is allowed even if the amount lower than the guideline was agreed upon by both parents.
If the child support being paid is at the guideline, then the parent asking for a modification must prove a reasonable change in circumstance, for example:
- One or both of the parent’s income has changed
- One parent has lost their job
- One parent has been incarcerated
- One parent had another child from a different relationship
- The child’s needs have changed, meaning they need increased or decreased money for health care, dental care, child care, or education
- There has been a significant change in how much time the child spends with each parent
- There has been a major change in any of the factors used to decide child support
Either parent can request a modification of child support. If both parents can agree on new child support terms on their own, they can write it up and have it approved by a judge, and it will become a new order. If both parents cannot agree, the parent who wants the change must file a motion with the court requesting the change. Unless the court approves new orders, child support is not changed.
To protect yourself, do not follow new child support orders before a judge signs off on them, even if you and your spouse agreed on new terms.
To qualify for a child custody modification, you must also show the court a “substantial change in circumstances.” An example of a substantial change in circumstances might be the custodial parent is moving, and the move might seriously disrupt the child’s life routine, it may justify a modification of the custody order.
Another substantial change could be a lifestyle change, for instance, if a custodial parent begins working nights and leaves the child alone frequently, or if one of the parents begins abusing drugs or alcohol and endangers the child, then that would justify a child custody modification. Keep in mind that qualifying circumstances vary depending on the judge deciding the case.
To ask a court to hear your request for modification, you will first need to fill out a Request for Order form.You can also fill out the Child Custody and Visitation Application Attachment, which can help you ensure you include everything you need in your request. These forms are where you explain why you think a modification is necessary.
Have your family law attorney review your forms to make sure you have filled them out properly. Make sure to make at least 2 copies of all forms, file all forms with the court clerk, who will give you a court date. After you serve your ex-spouse with the appropriate forms, file your proof of service with the court. Any additional questions about the process of child custody modification should be directed to your family law attorney.
