How to change child support order

Changing the child support order is necessary some times, as circumstances change. Only the courts have the rights to change the child support payment. So, any necessary change or modification to the child support should be submitted to the court.

The process of change is very simple in cases where both the spouses agree on the change.

When there is disagreement on the change a request is to be submitted by the family law attorney for hearing. The one who wants the change has to show what has changed and why the child support amount has to be changed. There may be temporary changes as a result of medical emergency, changed employment status or any short term economic hardship.

The change in paying child support may be permanent one. This may be due to the change in income, remarriage, change in job that affects the ability to pay, or the needs of the child changed then were contemplated when the original amount was decided.

Steps to change the child support order

  1. Contact the child support enforcement office in the state you stay and the child support order was issued. File a formal motion requesting a modification in the support amount due to change in circumstances
  2. The child support amount was determined taking into account your income and financial reports provided at that time
  3. As the circumstances have changed, and may change many times over the years you are paying child support
  4. Requesting a change in the amount of child support is always better than failing to pay the child support
You can apply for a change in child support amount in the following cases.

Change in income: You may loose your primary income due to recession and as a result you are unable to pay the child support amount.

Increase in responsibility: The non-custodial parent may have other children or remarry. The parent may seek to decrease the child support obligation to the child to support other responsibilities.

Unemployment This is a major issue, especially due to recession. In case of unemployment, it is difficult to manage the expenses and still pay for the child support.

Medical expenses You can seek change in child support order in case you are facing any medical problem and it is burdening your expenses.

Additional costs due to raising the child as it grows: This happens when the child grows and his/her needs increase. The custodial parent may seek additional child support to assist in the increasing costs associated with a growing child.

Change in inheritance or a substantial change in income: The custodial partner may apply for a increase in the child support amount if here is substantial increase in the income of non custodial parent.

It is always good to have the order formally modified through the court for a change in the child support. It is not a good idea to enter into a non binding oral agreement which is not recognized by the court during future dispute over the amount of money that is owed.