MODIFYING YOUR CHILD SUPPORT ORDER

If you have a current child support order which has not been modified for three years, or if there has been a significant change of circumstances such as an income change, yours or the other parent's, you can seek a modification of your support order.

Each state has a Child Support Guideline that uses a mathematical formula to determine the amount that should be awarded. The two most common types are (1) combined income of both parents or (2) a percentage of the non-custodial parent's gross or net income.

Under federal regulation CFR 303.8(c)(2), state government child support agencies are required to review cases for modification every three years. States are very backlogged and often do not act every three years unless you request this service. Since orders are based on a parent's ability to pay, you may have an order that is not reflective of the non-custodial parent's current income.

Either parent can seek a modification order, payment amounts can be increased or reduced.