Child support can be modified by the Court if there is a “material change in circumstances” since the last Order for child support.
For example, if a Separation Agreement providing for child support is incorporated into a divorce decree, the parent seeking a modification of child support must prove a material change in circumstances since the date of the divorce decree (not the date of the Separation Agreement).
A material change in circumstances would include a change in either parent’s income, a change in certain expenses of the children, such as work-related child care, extraordinary medical or private school expenses, or a child reaching age of majority.
When a court modifies child support, it can make the modification retroactive only to the date of the request for modification. If you believe your child support should be modified, you should not delay filing the request.
- On July 16, 2012