Child Support Modification

What is child support modification and how do I complete the process? In the most basic terms, a child support modification is any court ordered change to your current child support obligation. Modifications can cause your payment amount to be increased or decreased. If your case is handled through the Child Support Enforcement agency in your state, you are responsible for filing the necessary papers with the clerck of court requesting a modification if a reduction is warranted. The case worker only files the motions before the court if, after a review of your case, it is determined that an increase is possible. One of the most common misconceptions about child support reviews and modifications is that it can only take place once every three years regardless of any change in income. This is completely inaccurate! If you have experienced a significant change in circumstances, such as lower income, additional children, or excessive medical expenses, you can file a motion for modification of your existing child support order. IMPORTANT: Gather all of your information before you file the motion. When a motion for modification is brought before the court, the petitioner is asking that the court review all of the facts of the case and take into consideration any new evidence that was not available at the time the current order was established. So what does this mean to you? A motion for modification is not a request for reduction; even though that is likely the intent you have when filing the petition. The judge may, after reviewing all the facts, decide to grant the modification by increasing your payments! Talk to an attorney before you file even if you plan to represent yourself at the hearing. Many family law attorneys offer free consultations and you should take advantage of the offer. Discuss the information you would like to present and the attoney will tell you the odds of successfully obtaining a reduction. Consider these facts when deciding if you should file for a modification:

• A case review performed by the Child Support Enforcement Agency is not a modification of your existing order. During a review, the case worker simply evaluates any new information and determines if a modification is likely to be granted. They will not file the motion to modify if a reduction in the order amount is indicated. Rather, they inform you, the payor, of this information and expect you to complete the legal process to have the order reduced.
• Only a judge can modify court ordered child support obligations. Regardless of what agreement you and your ex may reach outside of court, you must still have the agreement signed by a judge.
• If a modification is awarded at the hearing, you still have to pay all arrears that accumulated prior to filing the motion. For this reason, you should file the motion as soon as possible after experiencing any significant change in circumstances. You also need to continue making your payments on time.
• You will not be granted a modification and reduction in support simply because your ex does not spend the money the way you think she should, you don't want to pay, or you intentionally surpressed your income in order to reduce your child support obligation.
• Child custody and support are separate issues. You cannot pay less simply because you see your child less. You can, however, pay less if you have custody more often than you did when your order was established.
• Some states consider household income while others only evaluate the income of the parents when determining the amount of child support payments. Find out how your state evaluates income before filing! If your new spouse has a high income and you live in a state that considers household income, it may be unwise to file for a modification even if you have become unemployed or experienced a reduction in income. On the other hand, if your ex has remarried and her household income has increased, you may benefit from this guideline regarding household income and be granted a reduction.