Each of the 50 U.S. states maintains a procedure to modify a child support obligation. Despite some minor differences from one jurisdiction to another, similar standards and processes exist to modify an existing child support order. All states utilize both child support guidelines and companion worksheets to undertake an alteration of a child support obligation, according to the American Bar Association Section of Family Law.
Motion to Modify
The process of changing a child support obligation commences when either parent files a motion to modify, according to the American Bar Association Section of Family Law. The custodial parent typically files a motion to modify support upward while the parent with the existing child support obligation seeks to lower that dollar amount.
A motion to modify is filed with the court that issued the initial child support order. Unless an agreement is reached between the parties regarding the motion, the court schedules a hearing. Both parents present evidence and arguments regarding their positions in regard to the motion to modify. Upon the conclusion of the hearing, the court either grants or denies the motion and the proposed child support modification.
Minimum Change in Obligation
Most states include within their child support statutes a requirement that the anticipated change in the child support obligation be of a minimum amount before a motion to modify can be filed, as noted by V.T. Richey writing in "Child Support 101." In other words, by using the child support guidelines and worksheet, there needs to be a change in the financial condition of the parties or the financial needs of the child sufficient to cause an increase or decrease in the actual child support obligation of certain percentage. Common percentage differences between existing and a proposed child support obligation must be up or down by 10 or 15 percent to allow for a modification.
Time Frame
Another hurdle that some states impose in their child support laws regarding obligation modification involves time. These states require a minimum amount of time to pass between the issuance of a child support order by the court and a motion to modify. Typical time periods used in these states are six months and one year.
Legal Representation
Modifying child support involves complicated laws and complex court procedures. Upon finding yourself facing the prospect of seeking the modification of a child support order, consult with an attorney. Put yourself in the best possible position to protect your rights and interests--and those of your child--by retaining an experienced family law lawyer. Local and state bar associations maintain directories of attorneys in difference practice areas. Although these groups cannot make a specific recommendation to you of an attorney, their directories are valuable resources. Contact information for these organizations is available through the American Bar Association at:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
References
- American Bar Association: Section of Family Law
- Southern Illinois University School of Law: How to Modify a Child Support Order
- "Child Support 101"; V.T. Richey; 2007
