When parents divorce, the court will issue orders for child support. These orders are meant to better ensure the financial well-being of the child and are based on the circumstances at the time they are issued.
However, circumstances may significantly change, and this may prompt the need for child support order modification. Not all changes are considered significant enough to warrant a modification, and it is important to understand what it takes.
Changes in income
If your income or the other parent’s income changes significantly, it may be time to revisit the child support order. For example, losing a job, being laid off or taking a new job with a different wage structure can affect your ability to meet the current support obligations. Similarly, if either parent receives a raise or a promotion — or takes on additional employment, it can impact the financial calculations and necessitate an adjustment to ensure fairness.
Changes in your child’s needs
As children grow, their needs often evolve. Increased expenses related to education, medical care, extracurricular activities or childcare could make the current support order inadequate. Conversely, if certain costs decrease—such as childcare needs when a child starts school—modifying the support order might reflect these changes.
Changes in family size
If your family size changes—for instance, due to remarriage, the birth of additional children or other dependents entering the household—this can affect the financial obligations and resources available. Courts may consider this when deciding whether to adjust the existing child support order.
Military deployment or incarceration
Both military deployment and incarceration can significantly impact a parent’s financial situation and ability to fulfill child support obligations. Deployment for active military duty often results in changes to income, as well as a shift in living expenses and availability. Courts may consider these temporary circumstances when determining whether to modify the support order.
In all cases, documenting the changes thoroughly and obtaining legal guidance is essential to determine if you qualify for a modification of your child support.