How to Modify Child Support
Request a modification for changes in income., Change child support if a parent loses his or her job., Check in if your child support order hasn't been updated recently., Ask for a modification if your child's needs significantly increase., Get a...
Step-by-Step Guide
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Step 1: Request a modification for changes in income.
If either parent has a significant change in income, then you can request a modification., Though not permanent, a job loss creates a change in income.
You can request a modification during this time period., It should be updated every few years to match the changing income of both parents, as well as the needs of the child.For instance, the Florida state government allows you to update every 3 years if no other significant change has taken place; Texas has the same stipulation, but it can vary by state., For instance, if you child becomes disabled or has health issues, you can ask for a modification., If one child is spending more time with one parent than before, that can be a reason to change the child support order., For instance, if one parent goes to jail or if a parent has a child in another relationship, those situations can both merit a change in the child support order., Because laws vary by state, the process will be different in each state.
Child support is placed under different departments in different states, as well, so you may need to do some searching for your states.
For instance, in Arizona, child support is listed under the Arizona Department of Economic Security.In Texas, it's under the Attorney General of Texas., To be qualified to modify child support, your new support obligation must be higher or lower than the current obligation by a certain percentage.
The percentage varies from state to state.
For example, if you live in Indiana, you can only modify support if you will have a 20% change in support.This guideline is referred to as the “20% rule.” So if your current obligation is $100 per week, you will need to show a $20 change because $20 is 20% of $100.
Therefore, if your new obligation is less than $80 or more than $120, you have satisfied the 20% rule and are qualified to modify support.
To find your state’s rules regarding the percentage of change that must occur, review your state’s child support guidelines or laws, which you can find on Find Law's website., If the process confuses you, don't be afraid to ask for legal help.
Most states have free legal help if you can't afford it on your own.
To find help, dial
211.
The number is a nationwide service to assist you with what you need in your area.In some states, you may be able to come to and agreement with the other parent to change the support.
You'll still need to notify the state, but it does make the process easier., Child support worksheets are used in every state to calculate the basic child support obligation of the non-custodial parent.You can find your state’s child support worksheets on the judicial website for your state.
To find you state's website, follow the appropriate link under your state on the National Center for State Courts website., Follow the instructions on the worksheet or web page to complete a worksheet for your children.
The worksheets may require you to have certain software.
For instance, for Georgia's worksheets, you need to have Microsoft Excel 2007 or newer.You may need the following information when filling out the form:
Your gross monthly or weekly income, as well as the other parent's income.
Gross income is your income before taxes or any other deductions are taken out of your pay.
Your child’s date of birth.
Your case number and case name.
Your case name and number can be found at the top of any motion or order filed in your case.
Case names follow the format “Jane Doe v.
John Doe." Case numbers may be called cause numbers, but are located at the top of court filings along with the parties names.
The amount your and your partner pay for health insurance for the child with documentation.
The amount either of you pay to support other children. , If you determine you are eligible, move ahead to finding the child support modification or review forms.
In most states, you can print off a form with instructions.
In most cases, you'll need to print out the form and mail it in.In some states, such as Florida, you may need to contact the state.
The state will send you the right form.Visit your county clerk’s office if you can't find the form online.
Many clerk’s offices have forms for commonly filed motions and petitions available to anyone who stops in and asks. , Following the instructions, fill out the forms with the required information.
You will need similar information to what you used on the worksheet., As stated, you may be able to fill out the form online in some states.
However, in others, you will need to mail them in, such as in both Arizona and Texas.In some instances, you may have to actually take the forms in.
Also, you may need to pay a filing fee.
However, all of that should be detailed in the instructions for your state.
In some states, you may need to attend a court hearing.
However, in other states, your modification can be processed through the mail.
For instance, in Alaska, you send in the form, and either the court or the Child Support Services Division will modify the order, depending on who ordered it in the first place.The same holds true in states such as Kansas,Arizona,, and Texas., For instance, in Arizona, you must include the return address on the envelope for it to be processed quickly., It takes some time for your case to be reviewed.
For instance, Arizona notes that it can take up to 6 months to gather the needed information and process the request. -
Step 2: Change child support if a parent loses his or her job.
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Step 3: Check in if your child support order hasn't been updated recently.
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Step 4: Ask for a modification if your child's needs significantly increase.
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Step 5: Get a modification if custody has changed.
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Step 6: Request a modification if a parent's circumstances change.
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Step 7: Find your state's child support website.
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Step 8: Determine if you are qualified to modify support.
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Step 9: Ask for legal help.
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Step 10: Locate your state’s child support worksheets.
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Step 11: Complete a child support worksheet.
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Step 12: Find and print the forms.
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Step 13: Fill out the forms.
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Step 14: Mail in the form.
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Step 15: Be sure to include all the relevant information.
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Step 16: Wait for your request to be reviewed.
Detailed Guide
If either parent has a significant change in income, then you can request a modification., Though not permanent, a job loss creates a change in income.
You can request a modification during this time period., It should be updated every few years to match the changing income of both parents, as well as the needs of the child.For instance, the Florida state government allows you to update every 3 years if no other significant change has taken place; Texas has the same stipulation, but it can vary by state., For instance, if you child becomes disabled or has health issues, you can ask for a modification., If one child is spending more time with one parent than before, that can be a reason to change the child support order., For instance, if one parent goes to jail or if a parent has a child in another relationship, those situations can both merit a change in the child support order., Because laws vary by state, the process will be different in each state.
Child support is placed under different departments in different states, as well, so you may need to do some searching for your states.
For instance, in Arizona, child support is listed under the Arizona Department of Economic Security.In Texas, it's under the Attorney General of Texas., To be qualified to modify child support, your new support obligation must be higher or lower than the current obligation by a certain percentage.
The percentage varies from state to state.
For example, if you live in Indiana, you can only modify support if you will have a 20% change in support.This guideline is referred to as the “20% rule.” So if your current obligation is $100 per week, you will need to show a $20 change because $20 is 20% of $100.
Therefore, if your new obligation is less than $80 or more than $120, you have satisfied the 20% rule and are qualified to modify support.
To find your state’s rules regarding the percentage of change that must occur, review your state’s child support guidelines or laws, which you can find on Find Law's website., If the process confuses you, don't be afraid to ask for legal help.
Most states have free legal help if you can't afford it on your own.
To find help, dial
211.
The number is a nationwide service to assist you with what you need in your area.In some states, you may be able to come to and agreement with the other parent to change the support.
You'll still need to notify the state, but it does make the process easier., Child support worksheets are used in every state to calculate the basic child support obligation of the non-custodial parent.You can find your state’s child support worksheets on the judicial website for your state.
To find you state's website, follow the appropriate link under your state on the National Center for State Courts website., Follow the instructions on the worksheet or web page to complete a worksheet for your children.
The worksheets may require you to have certain software.
For instance, for Georgia's worksheets, you need to have Microsoft Excel 2007 or newer.You may need the following information when filling out the form:
Your gross monthly or weekly income, as well as the other parent's income.
Gross income is your income before taxes or any other deductions are taken out of your pay.
Your child’s date of birth.
Your case number and case name.
Your case name and number can be found at the top of any motion or order filed in your case.
Case names follow the format “Jane Doe v.
John Doe." Case numbers may be called cause numbers, but are located at the top of court filings along with the parties names.
The amount your and your partner pay for health insurance for the child with documentation.
The amount either of you pay to support other children. , If you determine you are eligible, move ahead to finding the child support modification or review forms.
In most states, you can print off a form with instructions.
In most cases, you'll need to print out the form and mail it in.In some states, such as Florida, you may need to contact the state.
The state will send you the right form.Visit your county clerk’s office if you can't find the form online.
Many clerk’s offices have forms for commonly filed motions and petitions available to anyone who stops in and asks. , Following the instructions, fill out the forms with the required information.
You will need similar information to what you used on the worksheet., As stated, you may be able to fill out the form online in some states.
However, in others, you will need to mail them in, such as in both Arizona and Texas.In some instances, you may have to actually take the forms in.
Also, you may need to pay a filing fee.
However, all of that should be detailed in the instructions for your state.
In some states, you may need to attend a court hearing.
However, in other states, your modification can be processed through the mail.
For instance, in Alaska, you send in the form, and either the court or the Child Support Services Division will modify the order, depending on who ordered it in the first place.The same holds true in states such as Kansas,Arizona,, and Texas., For instance, in Arizona, you must include the return address on the envelope for it to be processed quickly., It takes some time for your case to be reviewed.
For instance, Arizona notes that it can take up to 6 months to gather the needed information and process the request.
About the Author
Martha Gray
Experienced content creator specializing in cooking guides and tutorials.
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