Child Support Modification

Child support orders can be modified at any time as the court deems necessary.  The court has continuing jurisdiction in the matter.  An agreement for child support changing the court’s jurisdiction adversely is invalid.

A child support order entered previously may be modified by motion or order to show cause.  However, the modification can only be effective from the date of the filing of the motion or order to show cause.

Child support may be modified on a showing of a “material change in circumstances” of the applicant.  The court determines this standard on a case by case basis. The child support order sought to be modified may be either temporary or permanent.  The determination of changed circumstances is made on a case-by-case basis and may be based on changes in a party’s need and ability to pay.  Also, a downward modification may be granted based upon an increased time share for one of the minor’s parents.  A child support modification may be triggered to adjust for increased visitation travel expense where the custodial parent moves away affecting custody of the other parent.

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