Modification of Child Support

There are two ways that modification of child support can take place; by the Friend of the Court or by a motion to the court.

The  Friend of the Court automatically reviews child support orders once every 36 months if the child or custodial parent gets public assistance.  They will also review a support order once every 36 months if either party makes a written request for a review.  If the petitioner would like an additional review, he/she would have to show there has been a major change in the payer’s job or in the custody arrangement. 

The Friend of the Court will only ask the court to modify child support if the difference between the current support amount and the new amount is at least 10 percent or $50.00 per month, whichever is more.  In general, child support orders can be changed until the child reaches the age of 18, or 19 ½, if this is the age in the support order.

Either parent can also directly petition the court to modify child support. 

If the parents change their custody arrangements, child support isn’t automatically changed.  It will still be have to be paid according to the order.  It will not change until a party files a motion and the judge signs an order changing the amount. 

The change in support is not retroactive and no change to the amount of support paid or owed can be made.  The change begins when the judge signs the new order.

Modification of Parenting Time

The modification of parenting time is not guided by the 12 best interest factors, like that required in a modification or change in custody.  Since you are not attempting to alter the established custodial environment, the definition of proper cause and change of circumstance are more broadly defined.  

The court sees that the normal life changes with the minor child will bring up occasions where the established parenting time schedule must be adjusted to foster a strong relationship between the child and the child’s parents.

Modification of Child Custody

It is possible to modify the child custody order, but it is only allowed for proper cause when there has been a change in circumstances and it must be in the child’s best interest. 

To have proper cause, you must have “one or more appropriate grounds that have or could have a significant effect on the child’s life to the extent that a reevaluation of the child’s custodial situation should be untertaken.”  You must prove by a preponderence of the evidence the existence of an appropriate ground for legal action.  The appropriate ground should be relevant to at least one of the 12 best interest factors and must be of such magnitude to have a significant effect on the child’s well-being.

You must also prove that the conditions surrounding custody of the child, which have or could have a significant effect on the child’s well-being have materially changed.  This is not just any change because the court already anticipates that there will be changes in the child’s environment, behavior, and well-being.  Your evidence must demonstrate something more than the normal lfe changes and that the material changes have had or will most certainly have an effect on the child.

If the modification will change the established custodial environment of a child, the moving party must show by clear and convincing evidence that it is in the child’s best interest.

Modification of Spousal Support

The ability to modify a spousal support order will depend on whether or not the parties have agreed to waive their rights to ask for a change.  This happens when spouses include a statement in the divorce judgment saying that the spousal support provision is binding and nonmodifiable.  These waivers can only exist where there is a consent judgment, meaning that the spouses have negotiated their own settlement terms.

On the other hand, when the court enters a judgment after a trial, it cannot make spousal support nonmodifiable. Here, the person making the request must show that there has been a significant change of circumstances, and has to show evidence of the change, such as the loss of a home or job, serious illness, or unexpected expenses of some kind.