If you are looking to modify your child support order, there are a few things you should know. These include the legal issues involved in requesting a modification, what your options are, and how to prepare.
First, you should understand how support is calculated in your state. This includes determining the gross (pre-tax) income of each parent, crediting for their contributions to health/dental/vision insurance and child care costs, and calculating the presumptive amount of child support based on these factors.
Depending on your state, you might be able to ask the court to reduce or increase your child support based on a change in your own income or the other parent’s. Generally, this is not something you should do without help from a family and divorce law attorney.
You should be prepared for the fact that a judge will consider many different types of evidence and documentation in evaluating your request for a modification. For example, you might submit a doctor’s note that explains why you were unable to work because of a long-term injury or disability. Or you might provide documents showing that the increased income you are seeking was a one-time bonus or overtime payment.
Another type of information you can provide to the court is your child’s medical or educational needs. If your child’s needs have changed significantly due to an illness or a change in school, you might be able to convince the judge to modify your support order.
When you request a change in your child support, you’ll have to explain why you believe the current order is no longer adequate or fair. You’ll also have to prove that there has been a substantial change in your circumstances since the original order was issued, such as an increase or decrease in your income, the custody of your child, or the number of children you are responsible for paying for.
If the judge agrees to a modification, it can be either permanent or temporary. A permanent change means that the support will continue to meet your child’s current needs, while a temporary change could be something like a medical emergency or a large, one-time expense.
Your income is more than 15% higher or lower than it was when the original order was issued, last modified or adjusted.
Some states have a rule that allows a person to get a modification of their child support amount if their income has increased by at least 15%. However, you will have to convince the judge that you are genuinely unable to make your current support payments. This can be difficult to prove, and you may need to provide a lot of evidence.
Alternatively, you might be able to ask for an increase in your support if the other parent’s income has decreased by at least 15%. If your income has decreased, you might have to show that you are actively trying to find a job with higher wages.
When requesting a modification, you will have to file a motion with the court, which will require financial affidavits and supporting documentation from both parents. Then, the court will schedule a hearing and review the evidence before issuing a decision. If the court denies your request, you can appeal.
