Child Support: Modification

Question 1

When is Modification of Child Support Permitted?

Answer 1

Permitted only if:

(1) Order in place for AT LEAST 12 MONTHS prior to modification; and
(2a) There is a SUBSTANTIAL AND CONTINUING CHANGE in child’s needs or parties’ financial circumstances; or
(2b) Payor can show the amount being paid differs by 20% OR MORE from amount that would be calculated based upon current financial circumstances

Question 2

Changes that May Justify Modification

Answer 2

(1) A parent’s change in occupation or marital status;
(2) Health complications;
(3) Change in the number of overnight parenting times; or
(4) Change in child’s needs

Question 3

Voluntary Reduction in Income

Answer 3

DOES NOT justify reduction in support

Question 4

Death or Emancipation of One Child

Answer 4

May justify modification, but does not automatically terminate support if there are multiple children

Question 5

Repudiation by Child

Answer 5

If a child reaches age 18 and repudiates the parent, the court may terminate some of the
parent’s obligations

Question 6

Change in Custody

Answer 6

If custody changes by agreement of the parties, the parties should ask court to modify support

Question 7

Jurisdiction for Modification

Answer 7

State court may not modify child support order entered by a court of CONTINUING JURISDICTION in another state unless the parties:

(1) No longer reside in that state; or
(2) Expressly agree to permit another state to exercise jurisdiction