How do I modify Child Support?

February 19th, 2024 by Tiffany Hughes

With very few exceptions, modification of child support and contribution to child-related expenses only occurs if the person requesting the change can demonstrate that a “substantial change in circumstances” has occurred. But what can be considered a “substantial change in circumstances”?

WHAT IS A “SUBSTANTIAL CHANGE IN CIRCUMSTANCES”?

A substantial change in circumstances requires the requesting party to show both an increased ability of the supporting spouse to pay and an increase in the needs of the children since the previous order. (See In re Marriage of Hughes) The alleged change must have happened after the entry of the last child support order to be considered. Courts take child support obligations very seriously, as does the law – child support is mandatory for parties with minor children and cannot be waived on their behalf.

Because of that, any change in circumstances has to be a substantial change in order to justify a modification in support, and not all changes are substantial or relevant for consideration in the court’s eyes. A minor increase in income may not be considered a substantial change in circumstances requiring an upwards modification in support. An increase in unrelated expenses, such as expenses incurred for a child not of the marriage, may not be sufficient cause to reduce support obligations. Moreover, an anticipated increase in child-related expenses (for example, if the child begins attending private school) may not justify a reduction in support. However there are many instances that qualify as a substantial change in circumstances. For example, loss of employment through no fault of a party, significant increase or decrease in income, or unexpected increases in expenses of the minor children may be considered a substantial change in circumstances sufficient to merit a change in support obligations.

HOW DO I MODIFY CHILD SUPPORT?

If a Court finds that a substantial change has been proven, then child support will be recalculated.  A recalculation of child support will take into account each parties’ respective incomes, and  the amount of parenting time each parent has. A recent change in the laws regarding child support calculations now considers whether or not the parents share equal, or close to equal, parenting time. If the parent paying support increases their parenting time to have more than 146 overnights, the parties are considered to have “shared” parenting time, and the child support obligation for the paying party decreases significantly. However, that decrease is not automatic.

If you think your circumstances have changed since the entry of your child support order, it is your responsibility to alert the court of any change in circumstances that may justify an increase or decrease in support. Be sure to contact the experienced and knowledgeable attorneys at The Law Office of Tiffany Hughes right away to see how we can help! Our team has represented parties on both sides of the aisle, helping guide our clients to great results and success. Whether you are seeking to increase the monthly amount you receive or to decrease the amount you pay, we can help you get the desired results and come to a number that makes sense with your budget. Call our offices right now to schedule a free phone consultation at 773-893-0228.

Need More Information or Representation?

If you think your circumstances have changed since the entry of your child support order, it is your responsibility to alert the court of any change in circumstances that may justify an increase or decrease in support. Give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping client’s with modifying child support, simple and complex divorces including high asset and complex matters while protecting privacy and advocating for our client’s best interests.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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