A child support order can be modified whenever there has been a material change in circumstances that could affect the amount of child support including, but not limited to:
- Change in income of one or both parties
- Change in childcare expenses
- Change in medical insurance
- One of the children emancipates
- One of the parents is receiving Supplemental Security Income (SSI) or Social Security Disability (SSA)
We will usually modify if the change results in a 20% change in the child support amount. However, we do not want to automatically deny a modification because it is not a 20% change. Look at the case as a whole. There could be other reasons that a modification needs to be done.
A child support order will need to be modified if the evidence of the case justifies a modification, regardless of whether there has been a change in circumstances. This would include, but no limited to:
- The original order fails to set child support according to the guidelines
- An adjustment is needed to meet the needs of multiple child support cases
- Medical is not addressed in the order
- Proof is provided that the child support obligation is being satisfied in full or part by an apportionment of the veteran’s disability compensation
If you have any questions as to whether a specific case needs to be modified talk to your State’s Attorney.
Legal Authority: see Legal Authority for Modification Process