Modifying your child support order is something that will likely happen at least once. Life brings about changes, and the court knows there will probably be a need to alter the original order.
However, in the interest of keeping courts moving, preventing a jam of cases and ensuring you are not wasting the court’s time, there are rules that you must follow for a modification request.
The right to file
Either parent, the one who pays or the one who receives the support, can make a modification request with the court. The law also allows a sibling who is not in the same home as the children in the order because of a Children and Family Services action to make a change request.
The court in charge
The court with jurisdiction, or the right to hear the case, remains the original court. You cannot go to a different location to request changes. You must go to the court that issued the original order. If you must get the case moved, there is a process you must go through to request a change of venue before you can file in the new location.
The reasons for a modification
You have the right to request a change to your support order if there has been a substantial change to your situation. For example, if the child’s needs have drastically changed or you have had a permanent change in income.
Do note that if you do not follow the guidelines for filing your case and the court considers it a frivolous matter, the law allows the court to charge you for filing without a valid reason.