Modification of Child Support

Question 1

Generally, what is required for a state to modify a child support order?

Answer 1

In most states, a child support order can only be modified when there is a SUBSTANTIAL and CONTINUOUS CHANGE IN CIRCUMSTANCES of either party making the prior order unreasonable.

Question 2

How do voluntary financial changes affect child support modification?

Answer 2

Courts will NOT permit a modification of child support if the change in circumstances was anticipated or voluntary. (i.e., quitting a job to reduce income and pay less in support is not allowed).

Question 3

Under what circumstance will a court modify a child support order after a voluntary change in earning potential?

Answer 3

If the obligor voluntarily made a change, courts will require that the obligor prove that the change was made in good faith (i.e., taking a lower paying job with higher long term earning potential).

Question 4

What state has jurisdiction over a child support order?

Answer 4

The state that originally issued the child support order has continuing exclusive jurisdiction to modify the order SO LONG AS THAT STATE REMAINS THE RESIDENCE OF THE CHILD, OBLIGEE, or OBLIGOR. (i.e., No Court can modify if at least the child, obligee, or obligor remain a resident of the state.)

Question 5

Can Child support order be retroactively modified?

Answer 5

NO:

Federal Court bar courts from RETROACTIVELY modifying child support orders.

Question 6

Must state give full faith and credit to child support orders?

Answer 6

Yes,

Federal law requires state to give full faith and credit to child support awards from other states.