How Can I Modify a Child Support Order?

Is It Warranted?

The most common reason for a modification is a change in income. If a parent has received a substantial raise or has lost their job, they may request a modification. If a parent has significantly more time (or less time) than previously, the court may decide that the support amount needs to be adjusted accordingly

A change in the child’s medical, educational, or other needs may also be a cause for a modification. The child may require more financial support than previously or the child may no longer require support. There may be other special circumstances that affect the parent’s ability to pay or affect the needs of the child that will also be considered by the court.

Gather Relevant Documentation

Get together all documents that will support your case for modification. This could mean tax returns, pay stubs, or any other evidence of financial changes, such as increased medical costs for your child or your loss of employment. The more evidence you can provide to support your claim, the better your chances of success.

File a Petition with the Court

You will need to file an official request for modification of the child support order with the court that originally issued it. There is a $50 fee for that request, called a Complaint for Modification. The petition should include details of how circumstances have changed and how the changes affect the child support needs.

Attend a Hearing

After your petition has been filed, the court will review the petition and then may schedule a hearing. In the hearing, both parents will have the opportunity to present their situation and give evidence. You should be ready to explain to the judge clearly how the circumstances have changed and why the current child support order no longer applies. The judge will then make a decision to approve or deny the request.

What to Do If Your Modification Request Is Denied

If your request for modification is denied, you may be able to appeal the decision. Filing an appeal can be an expensive process, and there is no guarantee that the appeal will change the original decision. It is wise to consult with a lawyer to discuss your options and if the expense is justified based on the probable outcome.

Work with a Family Lawyer in North Attleboro, MA

Look for a family law attorney who specializes in child support issues. You want to find someone who not only can advise you about the law regarding custody and child support but can also help you present your case clearly. A lawyer will help you gather the documentation you need and represent you in court if necessary. They will help make sure that your rights are protected throughout the process.

If you are considering requesting a modification of a child support order, contact Brian D. Roman Attorney At Law in North Attleboro, MA.