How to Request a Child Support Modification

Child support orders are not set in stone. When significant changes occur in either parent's life, you may be entitled to request a modification. This guide walks you through the process.

When Can You Request a Modification?

Most states allow modifications when there's a substantial change in circumstances. Common qualifying changes include:

Income Changes

• Job loss or significant reduction in income (typically 15-25% or more)
• Significant increase in either parent's income
• Disability affecting earning capacity
• Retirement

Custody Changes

• Change in primary custody
• Significant change in parenting time
• Child moving in with the other parent

Child's Needs

• New medical expenses or health conditions
• Special educational needs
• Child reaching certain age milestones

Other Changes

• New children in either household
• Changes in childcare costs
• Changes in health insurance availability

Step-by-Step Process

Step 1: Document the Change

Before filing, gather evidence of the change in circumstances:

• Income changes: Pay stubs, termination letter, tax returns, unemployment documents
• Medical changes: Doctor's notes, bills, insurance statements
• Custody changes: Calendars, communication records, school records

Step 2: Calculate the Potential New Amount

Use our Child Support Calculator to estimate what the new support amount might be. Most states require a certain percentage change (often 15-20%) for a modification to be granted.

Step 3: Try to Agree First

If possible, discuss the modification with the other parent. An agreed modification:

• Is faster to process
• Costs less in legal fees
• Is more likely to be approved
• Creates less conflict

Step 4: File the Motion

If you can't agree, you'll need to file a formal motion with the court:

1. Get the forms: Contact your local family court or visit their website
2. Complete the motion: Include all relevant details and documentation
3. File with the court: Pay the filing fee (fee waivers available for low income)
4. Serve the other parent: They must receive official notice

Step 5: Attend the Hearing

At the hearing:

• Bring all documentation
• Be prepared to explain the changes
• Answer questions honestly
• Dress appropriately for court

Timeline

The modification process typically takes:

• With agreement: 2-6 weeks
• Without agreement: 2-6 months
• If contested: 6-12 months or longer

Important Tips

1. Keep paying the current amount until the court orders a change
2. Document everything related to the change
3. Meet all deadlines for filing and responding
4. Consider mediation if you can't agree
5. Consult an attorney for complex cases

State-Specific Rules

Each state has different rules for modifications. Common variations include:

• Waiting periods: Some states require waiting 2-3 years between modifications
• Threshold amounts: The minimum change required (15-25% is common)
• Retroactivity: Whether changes apply from the filing date or hearing date

Check your state's specific guidelines for details.

Need Help?

• Use our Modification Calculator to see if you might qualify
• Review state-specific information for your location
• Consider consulting with a family law attorney in your area