How often can child support be recalculated?
If child support is established in a Separation Agreement, you and your spouse can agree to recalculate child support by signing an Amendment to the Separation Agreement. If one spouse does not agree to enter into an Amendment, a parent can file a lawsuit to have child support calculated based on the then-existing incomes, child care, and insurance costs. Once child support has been established in a court order, either party may file a motion to modify based on a “substantial change of circumstances.” If the last child support order is more than three (3) years old and the new amount is more than fifteen percent (15%) different from the last court-ordered amount, such a change will constitute a “substantial change of circumstances” and warrant modification of the child support order.
