Modifying Child Support

Child support orders cannot be changed on caprice or because a court thinks that "it is time." It must be based on evidence proving that sufficient grounds exist to make the change. This usually requires a showing of changed circumstances from the facts as they existed at the time that the last order was entered. (In the many years a child support order remains effective, the parent's circumstances may change many times and thus so may the child support order.)  In most states, changed circumstances, means that a party's income has changed (either gone up or down) by at least 25%.

Many different scenarios can create changed circumstances. For example, if the paying parent has had a large increase in income, the court can order the child support increased. Or, if the child's needs grow, such as if the child becomes ill or disabled, the amount of support can be ordered raised. Sometimes the mere passage of time creates the changed circumstances. For example, as a child grows older, it becomes more expensive to buy clothes, food and other necessities. These increased expenses can be enough to justify a raise in the support order.

Support can also be reduced upon a proper showing. For example, if the custodial parent inherits money, gets a large raise or otherwise has an increased ability to support the children, support payments may be reduced. Or, if the paying parent loses his or her job, the court can be asked to reduce support during the period of unemployment.

A mistake many parents make is to reach informal oral agreements modifying child support. This often provides the seed for future discord. For example, the following scenario is very common:

Peter paid his former wife Alice $400 a month to support their son. When Peter was laid off, he called Alice and said, "I just got laid off. I can't afford to pay $400 right now." Alice responded, "Okay. Pay $100 for now."

Ten months later, Peter was rehired and raised his support payments back to $400. During his layoff, Peter had made 10 payments of $100. Alice called and told Peter she expected him to pay the $3000 he had not paid during the layoff. Peter replied that he did not owe the money because they had agreed to the child support reduction during his layoff. Alice disagreed. She claimed that she had not given up the right to $400 a month but had merely permitted Peter to defer full payment until he was rehired.

When Peter refused to pay, Alice took him to court. The judge ruled that the evidence did not support Peter's claim that he was excused from $300 per month of his support during his layoff and he was ordered to pay the $3000 to Alice at the rate of $100 a month, in addition to the usual payments of monthly support.

The problem with oral agreements is that they are often vaguely worded and the memories or understanding of the parties may often differ. Thus, any agreement by parents to modify child support should be put in writing so that there are no misunderstandings later on. It is also a good idea to have a judge sign a court order based on the agreement. (Your local library will have form books illustrating the proper forms of a stipulation and court order to modify child support.)