How To Change Your Child Support Order
If you’re a non-custodial parent, you may be required to pay child support. If you’re a custodial parent, you may receive child support. Either way, the amount of child support you pay or receive can be changed if there’s a “material change in circumstances.”
What is a material change in circumstances?
A material change in circumstances is any significant change that affects the amount of child support you pay or receive. Some examples of a material change in circumstances include:
-You lose your job
-You get a new job
-Your income changes
-The other parent’s income changes
-The needs of the child change
How do I request a change in my child support order?
If you want to request a change in your child support order, you’ll need to file a “motion to modify child support” with the court. The court will then hold a hearing, at which both you and the other parent will have a chance to present evidence and testify. The court will then make a decision and issue a new child support order, if necessary.
Can I request a retroactive change in my child support order?
Yes, you can request a retroactive change in your child support order. However, the court will only grant a retroactive change if there was a material change in circumstances that you were not aware of at the time the original child support order was issued.
For example, if you lost your job and were unable to pay child support, you could request a retroactive change in your child support order. The court would then recalculate your child support obligation based on your new income and issue a new child support order.
What if the other parent doesn’t agree to the change in child support?
If the other parent doesn’t agree to the change in child support, you’ll need to go to court and have a judge make a decision. The judge will consider the evidence and testimony presented by both sides and make a decision.
If you have any questions about changing your child support order, you should speak to an experienced family law attorney in your area.