Once a court issues a child support order, under what circumstances can the order be modified?
As a general rule, courts will not revise a child support order unless there has been a “material change of circumstances.” Ordinarily, this requires a significant factual change in circumstances to occur (e.g., an increase or decrease in either parties’ income; loss of employment; change in custodial timeshare percentage.). The simplest method to modify a child support order is for the parents to agree to the modification. However, in order for their agreement to be valid and enforceable by the court, the agreement must be signed by the parties and filed with the court as a stipulated order. Informal agreements to modify a child support order that are not formalized into a court order will not be recognized by the court and the initial order will remain as the child support order! Another method of modifying child support is to file a motion or order to show cause with the court requesting that the current support order be modified.
