Is it possible to change a child support order? Yes, it is possible to modify child support orders. A child support modification becomes legal through a court order signed by the court.
That means that for whatever reasons to be approved by a judge to modify the order, a judge has to approve an agreement or otherwise change the original terms. In some cases, changes can result in new custody and visitation schedules. Other times, the changes may result in adjustments to the amount of child support awarded or decreased payments. How exactly can a modification of child support help one parent receives his or her needs better? Let’s take a look at some scenarios that could lead to a modification of a child support payment.
The first scenario that might require a modification of a child support award is when a parent or custodial parent has experienced a significant and sudden change in their financial situation. For example, if a parent lost their job or had their hours cut, this would immediately reduce the child support that the custodial parent receives. Another example might be if the parent has relocated. Now the non-custodial parent is saddled with increased transportation costs. Both situations immediately reduce the amount of child support the custodial parent receives.
Now let’s consider what a judge is likely to do when a party requests a modification based on the above two scenarios. In the first scenario, the court is likely to require the parties involved to submit detailed financial information detailing how any given circumstance caused the change. The information would need to include income amounts, employment status, assets, and debts, etc. Submitting such information would not be overly time consuming for a parent to prepare, so most parents will simply prepare the necessary documents and present evidence to the court.
In the second scenario, the court may be more likely to grant the request for a modification if there is something more than just bad news to share. Specifically, the judge will need to look at all of the submitted documentation and at least three other things. These things include but are not limited to: the existence or absence of a substantial change in the paying parent’s life, the state law regarding child support, and the financial condition of each parent at the time of the child support order. (The court is not required to take the information described in this paragraph into account when deciding whether to grant a child support order.)
What most courts look to do when determining whether to grant a modification to a child support order is to look at whether the requested modification would decrease the amount of child support that the paying parent is required to pay. As previously mentioned, a substantial change in a parent’s financial situation could easily cause a substantial change in the amount of child support that is paid. For example, if the paying parent receives an unexpected increase in their income, they are less likely to be able to make the child support payments as outlined in their original child support order. While the court cannot always consider every single income increase, the courts are typically very distrustful of income increases that occur suddenly and without reason.
Here is another scenario that can lead to a decrease in a child support obligation. If the requesting parent has significantly changed their lifestyle, their residence, their job, etc., the court is likely to believe that such a significant change has significantly changed the circumstances of the child. Again, the court cannot look to the state laws regarding child support to determine what is not a significant change. The court’s goal is to ensure that the child support obligation continues even when the conditions in the life of the parent have changed substantially. (The fact that the changes are not quickly recognized by the court does not necessarily mean that they are not substantial or important.)
If you are going to file a child custody case, it is important to remember to document all of your changes in the situation. This documentation can be as simple as a few letters that explain how life has changed, or it can be extensive. In the latter case, it can help you to establish the financial means necessary for maintaining a child. You must establish the child support obligation, even if the surrounding circumstances have changed drastically.
Voelker & Kairys 