Life after divorce rarely stays the same for long. Parents often face changes in income, work schedules or living arrangements that affect their ability to pay or the need to receive child support. When these changes occur, it may be time to revisit the original support order.
Modifying a child support order is not automatic, and it usually requires proof that something significant has changed since the current order was put in place. Understanding what qualifies as a valid reason for modification and what information is needed can help you prepare for the process.
When can you petition for modification?
You may ask to modify a child support order when circumstances in your life or the other parent’s life have changed in a meaningful way. This might happen if one parent loses a job, gets a raise or starts a new job with different hours or benefits. Changes in parenting time, such as one parent spending more or less time with the child, can also affect the amount of support.
Other situations that may justify a modification include a parent becoming disabled, going to jail or prison or being called to active military service. A change in the number of children you support or a significant shift in health care or child care costs may also support your request. Either parent can make the request at any time, as long as there is an open child support case.
What you will need to prove
To support your request, you will need to show clear and up-to-date financial and personal information. This may include your income, expenses, child care costs and medical coverage. If you are receiving unemployment benefits, retirement income or disability payments, those will also be reviewed. Custody and visitation schedules are another important factor.
If both parents agree to the new amount, they can sign a written agreement and submit it for approval. If there is no agreement, a formal hearing may be required.
Obtaining legal guidance can be helpful when preparing for a child support modification, especially when there are disagreements or when major changes have affected your ability to provide for your child.