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What are “substantial changes” for child support modification?

On Behalf of | Jan 12, 2025 | Child Support

Child support orders are issued by family court to help ensure that post-divorce, your children have the financial resources they need. However, these orders are not cast in stone and it is possible to seek modifications under some circumstances.

If you are considering seeking a child support order modification, it is important to understand that you must demonstrate a substantial change in circumstances since the last order was issued.

Examples of substantial changes in circumstances

To seek a child support modification, you must show that significant changes have occurred in your life, the other parent’s life, or your child’s situation. Here are common examples:

  • Changes in family composition: Events like the birth of new children or changes in marital status that affect overall household finances and support obligations. This could include taking on responsibility for stepchildren or having additional children in a new relationship.
  • Military deployment: Active duty deployment can significantly impact both income and the ability to provide direct care, warranting a review of support arrangements. This includes both domestic and international deployments that affect your earning capacity or ability to maintain regular visitation schedules with your child.
  • Changes in the child’s needs: This could include newly diagnosed medical conditions requiring ongoing care, changes in educational requirements, specialized therapy or treatment programs or other circumstances that substantially affect the cost of caring for your child. This may also include additional expenses for extracurricular activities or special educational support.
  • Major health issues: Developing a disability or serious medical issue that impacts your ability to work and earn income at your previous level. This includes physical and mental health conditions that impact your earning capacity or require significant ongoing medical expenses.
  • Employment changes that significantly impact income: This includes job loss, substantial salary changes or taking on additional employment that meaningfully affects your earning capacity. This could involve involuntary job loss, career changes, significant promotions or reductions in available work hours.

Given the significant impact these changes can have on both parents and children, it’s important to seek legal guidance to help navigate the modification process and pursue the best possible outcome for all involved.

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