Grounds for Modifying Child Support
A child support order can be modified only if there has been a material and substantial change in circumstances or if the current support order deviates from the statutory guidelines.
Material and substantial change in circumstances –
In order to modify child support based on a material and substantial change in circumstance, the person bringing the modification suit must provide evidence of the circumstances at the time the original order was rendered and evidence of the current changed circumstances. A material and substantial change in circumstances can include one or a combination of the following:
A change in the parent-child relationship can warrant a change in the amount of child support being paid in compliance with the current order. Changes in the parent-child relationship include changes in conservatorship and/or a change in paternity.
A change in the child’s residence and care may be sufficient to modify the amount of child support if the change interrupts the level of care and stability within the child’s life.
As time passes, a child’s needs change with age. A child may become increasingly more involved in activities and therefore their expenses may rise to level to create a material and substantial change in circumstances.
A change in the parent’s financial circumstances affecting their ability to pay ordered child support payments may constitutes a material and substantial change in circumstances. The parent who has suffered the financial change must show evidence of the financial situation at the time the order was rendered and the current changed financial situation. An increase or decrease in a parent’s salary or the birth of another child are types of circumstances where a parent’s financial ability to support a child may warrant modification. The court will look at the parent’s actual earnings when determining whether there has been a material and substantial change in circumstances.
The cost to exercise possession and access of a child may be materially and substantially changed by the actions of a parent. For example, a parent who misses their possession or access time may cause additional expenses for other the parent to plan and care for the child during that time. A parent may have to pay for daycare or babysitters for times the other parent fails to take possession of the child.
Changes in employment may warrant the modification of a child support order. A new job often affects your day-to-day schedule, including your child’s schedule. A parent may need more child support to compensate and help the child adapt to the new employment situation. For example, a parent may be working longer hours and may need a babysitter to care for the child during their possession time.
A change in the amount of time a parent has possession of the child may be considered a material and substantial change in circumstances. If a parent incurs additional costs for child care during the other parent’s possession time, child support can be modified to compensate for the change.
A parent being released from incarceration who owes child support is considered a material and substantial change in circumstances. Modification of a child support order is especially important when the child support amount has been reduced or deferred because of an incarcerated parent. The duty of support may have been suspended for the period of incarceration and will need to be modified upon the parent’s release.
Deviation from statutory guidelines –
A variance from the statutory child support guidelines does not automatically provide grounds to modify the support order. In order to modify a child support order based on a deviation from the child support guideline, three (3) years must have elapsed since the previous order was entered and the amount ordered differs from the statutory guidelines by twenty percent (20%) or $100. Modifying a child support based on a statutory deviation must meet both the three year requirement and the statutory payment differential.
If you have question regarding child support modification, let our family law professionals help. Please do not hesitate to contact our firm at (972) 353-4600.