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| Child support orders can be changed by court orders and by cost-of-living adjustments. When your income, expenses or other circumstances change you may be eligible to have your order modified. |
| The court may change a child support order if: |
| • there is a substantial increase or decrease in the needs of a party or the child |
| • there are extraordinary medical expenses for the child |
| • there is a change in the availability of health care coverage or a substantial increase or decrease in health care coverage costs |
| • there are additional work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses, or |
| The court will consider that there has been a substantial change of circumstances and presume any of the criteria for changing court orders makes the terms of the existing order unreasonable and unfair if: |
| • applying the guidelines would change the current order by at least 20 percent (20%) and at least $75 higher or lower than the current order. If the current support order is less than $75, it results in a calculated court order that is at least 20% per month higher or lower. |
| • the health coverage ordered is not available to the child for whom the order is established. |
| • the current order is for a percentage of income, not a fixed dollar amount. |
| • the gross income of a party has decreased by at least 20 percent through no fault or choice of the party. |
| • a deviation was granted because the child lived in a foreign country and the child no longer resides in the foreign country. |
| • the court may also change a support order if custody has changed. |
| Either parent may request in writing that the court order be changed. The written request should state the reasons for the review, such as: |
| • chemical dependency treatment |
| County child support staff determines whether the existing order meets review requirements: |
| • if it does, they will complete the review and file a motion asking the court to modify the order |
| • if the case does not meet the requirements, the county child support agency will notify the parent who requested the review |
| If the parent still wants the order changed, the parent can file a motion asking the court to modify the order. |
| When you have a hearing, it is very important to attend the hearing and to actively participate. Participation results in better orders and outcomes for families. There are several resources to help you know what to expect and how to prepare for the hearing: |
| • county offices have self-help centers that include help with child support issues |
| • Find Help With…Divorce, Custody and Family Law; then |
| • Other Family Law Resources at the bottom of the page. |
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