When is a child support order eligible for modification?
Child support orders are eligible for modification under three circumstances. One is if the current order was established or last modified at least three years ago. The second is if the monthly amount of the order deviates from state guidelines by either 20% or $100. Finally, the third is if a material and substantial change in circumstances has taken place since the order was executed or last modified.
What is a material and substantial change in circumstances?
A material and substantial change in circumstances exists under the following conditions. One example is if the paying parent’s income has increased or decreased. A second example is if the paying parent is legally responsible for supporting additional children. A third example is if the child’s medical insurance coverage has changed. Another example of a material and substantial change in circumstances, is if the child begins living with a different parent than the parent who has the exclusive right to establish that child’s primary residence in the underlying court order.
Learn more about child support modifications
There may come a time when a parent paying child support finds the duty unfeasible or the parent receiving child support believes more should be owed. When that happens, it can help to seek a modification of the existing child support order. It is important to note that when a modification is requested, the amount owed may go up or down. This post is for educational purposes only and does not contain legal advice. Our firm’s website on child support modifications may be a good resource for those who want to learn more about this important topic.
