What Is Child Support Modification?

Child support is the legal obligation of parents to provide for the maintenance and education of their children.  In divorces cases, the non-custodial parent is usually ordered to pay child support.  Because the right to receive child support belongs to the child, a parent is legally prohibited from waiving the other parent’s duty to pay it. 

Child Support Terminology

It is important to understand the terminology used in child support cases.  The non-custodial parent who has been ordered to pay child support is known as the obligor.  The custodial parent is known as the obligee. 

How is Child Support Determined?

State law governs how child support is calculated.  Generally speaking, courts will consider the following factors in making an award of child support: 

• The net income of the obligor;
• The income and financial resources of the obligee;
• The number of children the obligor and obligee have together;
• Whether the obligor is paying court ordered child support for children in another household;
• The special needs of the child; and
• The expenses associated with the obligor’s exercise of visitation. 

Do Courts Ever Modify an Award of Child Support?

There are circumstances when a court will modify an award of child support.  Either the obligor or the obligee may petition the court to modify a child support award.  However, state law limits how often a party may seek a modification of child support. 

State law also governs the circumstances under which a party may seek to have a child support award modified.  Generally, a party must demonstrate that there has been a substantial change in circumstances which necessitates a modification.  Most courts consider the following changes in circumstances to be sufficiently substantial to justify modifying a child support order: 

• Loss of job by the obligor;
• Increase of 20% or more in the obligor’s income;
• Decrease of 20% or more in the obligor’s income;
• Illness of the obligor;
• Illness of the child;
• Increased special needs of the child;
• Relocation of the obligor which increases cost to exercise visitation; and
• Imposition of court ordered child support for children of the obligor living in a different household. 

Getting Legal Help

If you are an obligor and you are no longer able to pay the court-ordered child support amount because your circumstances have changed, you should not simply ignore your child support obligation.  Ignoring the problem will only make it worse and could subject you to civil and criminal penalties, including jail time.  It’s best to contact a qualified family law or divorce attorney who can assist you in filing a Petition for Modification of Child Support seeking a reduction in your child support obligation.