Can Child Support be modified & under what circumstances?

Child support orders are modifiable at any time the court deems necessary so long as there has been a material change in circumstance.

Two of the main factors in determining if there is a change in circumstance are:

1. Change in visitation: child support can be modified based upon the time share the non-custodial parent has with the minor child(ren). The higher the timeshare, the amount of support may decrease, less the timeshare, the amount of support may increase.
2. Ability to pay: Perhaps the non-custodial parent no longer earns the same amount as when the order was issued and is not able to pay the amount ordered. A request may be made to decrease the amount of the initial child support ordered based upon the decrease in pay. However, if the non-custodial parent earns more than before, the custodial parent may request the court to increase the amount of support based upon the higher pay of the non-custodial parent as they would have the ability to pay more support.

In order for the court to revisit the issue of support, the party requesting the modification must prepare and file an Order to Show Cause to modify support, at which time the court will set the matter for hearing. The moving party must submit their updated income and expense information along with evidence of their income (i.e pay stubs, 1099's or Federal Tax returns).