If you either pay or receive child support, you should check with counsel to determine if you are entitled to have your child support modified. Changes which became effective August 1, 2024 may make a difference in your support. While the following guidelines are not new, they may apply to your situation.
1. Generally. Courts have continuing jurisdiction to modify child support orders to advance the welfare of the child when there is a material change of circumstances. Additionally, a 10% change in the basic child support obligation on Line I. 2. or a change in the child’s age group constitutes a material change of circumstances to warrant judicial review of existing support orders.
2. 10% Rule. Change of financial circumstances of the parents or the guidelines which would increase or decrease by 10% the amount shown on Line I.2. of the worksheet, except that the non-historical income from a second job or overtime taken by the parent not having primary residency is not alone considered a material change of circumstances to warrant a modification of the parent’s child support obligation. Income from bonuses not shown to be regularly paid by the employer are not considered a material change of circumstances to warrant a modification of the parent’s child support obligation. Income from bonuses is discussed in Section II.C.1.c.
An increase in the gross income of the parent having primary residency is not a material change of circumstances for the purpose of increasing the child support obligation. When the court has approved either a shared residency or divided residency plan, any change in income by either parent may be used as a material change in circumstance if the change would increase or decrease by 10% the amount shown on Line I.2. of the worksheet.
3. Age Change. The child is in a higher age group because of having passed the child’s 6th or 12th birthday, or because the child’s age places the child in the higher age group as a result of the change in the guidelines.
4. Termination of Employment.
- Generally. The court may consider the circumstances surrounding termination from employment.
- Termination from Employment for Misconduct. Termination from employment for misconduct will not ordinarily constitute a material change of circumstances that justifies a reduction in child support.
- Voluntary Termination from Employment. Voluntary termination from employment will not ordinarily constitute a material change of circumstances that justifies a reduction in child support.
5. Duty to Notify. A parent must notify the other parent of any change of financial circumstances including income, work-related childcare costs, and health insurance premiums which, if changed, could constitute a material change of circumstances. If a party fails to disclose a material change of circumstances, such as the understatement, overstatement, or concealment of financial information, the court may determine the dollar value of a party’s failure to disclose and assess the amount in the form of a judgment. The judgment may be paid as a credit or an addition to the child support amount for a determinate amount of time. The court may also adopt other sanctions.
6. Request for Financial Information. Upon receipt of a written request, a parent has thirty days to provide the requested financial information and supporting documentation to the other parent. Refusal to provide the requested information may make the non-complying parent responsible for the costs and expenses, including attorney fees, incurred to obtain the information.
7. Adjustment to the basic child support obligation. Failure to comply with the terms of an adjustment to the basic parental child support obligation, such as failure to exercise parenting time or not using a special needs allocation, constitutes a material change in circumstance.”