What does the court consider when modifying child support?
In cases involving modification of child support, the court focuses on changes in the parents’ resources and child’s needs. Situations that demonstrate a substantial or material change in circumstances include a change in ability to pay support, a change in the financial resources of the parent receiving child support, a change in the child’s needs, and, in some cases, a change in marital status of the parent receiving support. While not considered a substantial or material change in circumstances, failure of a non-custodial parent to exercise his or her visitation rights may result in an increase in child support obligations.
