Motion to Modify Child Support
A modification of child support can be obtained based on:
- Substantially increased or decreased gross income of an obligee or obligor;
- Substantially increased or decreased needs of an obligee, obligor, or child;
- Receipt of public assistance;
- Change in the cost of living for either parent;
- Extraordinary medical expenses of a child;
- A change in the availability of appropriate health care coverage or a substantial increase or decrease in health care coverage costs;
- Addition of, or substantial increase or decrease in, child care costs; or
- Emancipation of a child.
Evidence presented to the court may include tax returns, W-2 forms, paystubs, bank statements, and medical bills.
Substantial Change in Circumstance
There is a presumption of a substantial change in circumstances, and the terms of an order are rebuttably presumed to be unreasonable and unfair if:
- Applying the guidelines would change the current order by at least 20 percent and at least $75 higher or lower per month; or if the current order is less than $75 per month,
it results in an order at least 20 percent per month higher or lower;
- The medical support provisions of the current order are unenforceable;
- The health care coverage ordered is not available to the child;
- The current order is for a percentage and not a specific dollar amount;
- The gross income of an obligee or obligor has decreased by at least 20 percent through no fault or choice of the party; or
- A deviation was granted because the child lived in a foreign country and the child no longer resides in the foreign country or the factor is no longer applicable.
If these elements have not been established, the court may elect to deny the request for modification.
Retroactivity of Support Modification
If the court grants the request for modification, the support order is modified retroactively only from the date the parties were served with notice of the motion for modification.
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Have additional questions? Contact the Brown Law Offices, P.A. today. We offer free consultations to all potential clients. Call (763) 323-6555, or complete our free case evaluation form.