Modification of Child Support

What You Need to Know About Modifying Child Support Orders

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When can a child support order be modified?

A child support order can be modified under the following circumstances.

• A substantial change in circumstances
• The needs of the child are being met
• An unanticipated change in circumstances
• The original support order was unjust or inappropriate
• Three years have passed since the original order
• There has been a 15% change in income to either parent's income
• Objecting to a COLA increase
• The original order was a needs based award based on lack of financial disclosure and it is now known that a guideline award would have been higher

What is a substantial change in circumstances?

A child support order may be modified based upon a substantial change of circumstances if one of the following are shown:

1. 1. The needs of the child are not being met by the existing order of support, or
   2. There has been an unanticipated change in circumstances which warrants a modification of the order, or
   3. The original order of support was not fair when it was initially made

The party seeking to modify the order must sufficiently allege one or more in sufficient detail as a threshold matter, or the application could be dismissed without a hearing.

If the claims are sufficient detailed then the party seeking the modification is entitled to a hearing where they must be proved.

What must be shown to modify a child support order based on the needs of the child not being met?

In order to modify a child support order on this standard, the custodial parent must show that the current order is insufficient to meet the current needs of the child. Detailed expenses must be shown, as well as available resources. If known, a proposed guideline award can be argued to help show the additional support would bridge any deficit.

What must be shown to modify a child support order based upon an unanticipated change in circumstances?

In order to modify a child support award based on an unanticipated change of circumstances, two elements must be established. First is the existence of change of circumstances and second, the that change was not contemplated in original order.

What must be shown to modify a support order that is found to be unfair or unjust?

If for whatever reason a court concludes the initial order was inequitable or unfair, that finding is generally sufficient to trigger a modification. This basis usually goes hand in hand with a change of circumstances.

Can a child support order be modified automatically after three years?

A child support order is not automatically modified after three years. Instead, the three years acts as a basis to seek a new order of support based on current income. When the three year test is used, no other standard needs to be established to recalculate the support based on current incomes.

Does a 15% change in income automatically modify the child support order?

A child support order is not automatically modified by a 15% change in income. Instead, the 15% change of income is sufficient to act as a basis to modify support, even if the order of support is less than three years old. The change in income must be established at the hearing, and then child support is recalculated based on current incomes.

How can child support be modified by objecting to a COLA increase?

If one party objects to a COLA increase, that objection will trigger a new calculation of child support based on current incomes.

How can needs based child support be modified it is later discovered it was less than a guideline amount?

If a needs based child award is later discovered to be less than a guideline amount, it can be retroactively modified upwards to the guidelines. A needs based order is designed to punish a parent who intentionally withholds financial information, and allows the custodial parent to have the higher of the needs based award or a guideline award.

Contact Our Child Support Modification Lawyer Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any modification of child support, no matter how challenging. With over 25 years of child support experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled support lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.