A party can request a modification of child support in under several circumstances, primarily when there is a substantial change in circumstances or when the modification is necessary to ensure the welfare of the child. The law provides that child support orders may be modified “as the circumstances of the parents and the benefit of the children require”.
A substantial change in circumstances may include changes in income, changes in the needs of the child, or changes in custody arrangements.
The law also allows for modification of child support orders when proper cause is shown or when there has been a change in circumstances, provided the modification is in the best interests of the child.
Examples of substantial changes include an increase or decrease in the income of the supporting parent, an increase in the child’s needs due to age or other factors, or changes in the general cost of living.
Additionally, the Friend of the Court may review child support orders under certain conditions, such as when there are reasonable grounds to believe the support amount should be modified. Reasonable grounds include changes in physical custody, increased or decreased needs of the child, or access to health care coverage.
A party may also file a motion to modify support, and the court may adjust the order upon finding a substantial change in circumstances, such as newly available health care coverage or a change in the support level under the child support formula.
The burden of proof lies with the party seeking the modification, who must demonstrate the change in circumstances justifying the request. The court may consider all relevant factors, including the financial circumstances of both parents and the needs of the child, before granting a modification.
An evidentiary hearing may be required if there is a factual dispute regarding the circumstances.