Child Support Order Modification FAQ
Know your options if you want to change a child support order.
» I think our existing child support order is unfair. How can I change it?
What is a Cost of Living Adjustment (COLA) Clause?
I think our existing child support order is unfair. How can I change it?
If you are paying or receiving child support, you may feel that the current support order isn't appropriate and should be modified. Your first step should be to see whether you and the other parent can reach agreement to modify the child support terms. If you can, you can just ask a judge to approve the change -- that shouldn't be a problem unless the amount you want is way below your state's guidelines. In that case you'll need to explain why the agreement is justified.
If you and your ex can't agree on a change, you must ask for a court hearing in which each of you can argue the pros and cons of the proposed modification. As a general rule, in order to get a modificiation you must be able to show that circumstances have changed since the existing order was entered. This rule encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests.
Depending on the circumstances, a modification may be temporary or permanent. Examples of the types of changes that support temporary modification orders are:
- a child's medical emergency
- the payer's temporary inability to pay (for instance, because of illness or an additional financial burden such as a medical emergency or job loss), or
- temporary financial or medical hardship on the part of the recipient parent.
A permanent modification may be awarded if:
- either parent remarries and the new spouse's income increases the household income significantly
- child support laws change
- either parent changes jobs
- the cost of living increases
- either parent becomes disabled, or
- the child's needs change significantly.
A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time -- again, because of changed circumstances.
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