Modifying a Child Support Order

The determination of the initial amount of of child support is done at the time the original child support order is entered. However, the law recognizes that circumstances, as well as income and expenses, can change over time. The process of changing an existing child support order to reflect the changed circumstances is called a modification.  In many jurisdictions, the law permits a modification of the amount of a support order
if a recalculation of the support amount using the child support guidelines shows a change of at least 10% when compared to the existing support order. This means ten percent up OR down.

If you think a change in your income, the other parent’s income, or some related expense necessitates a change in the support amount, your first step should be to run the numbers through a new child support calculation. If the resulting figure differs from the current child support order by more than 10% either way, a modification may be in order.

Some of the more common factors that may lead to a modification include:
■ a significant change in parenting time, such as the number of nights a child spends at a parent’s residence
■ a parent’s loss of employment
■ the return of a parent to school

You may think you are entitled to a modification if your ex has remarried. However, most guidelines only factor in the incomes  of the two parents of the child in question.

If you believe you are entitled to a modification of your support amount, you may want to take immediate action. You may try to bring a legal action to modify your support order to court independently, with low-cost attorney assistance.  CLICK HERE for a free case evaluation.