How Can I Win a Child Support Modification Case?

The court isn't guaranteed to approve your request for a child support modification. However, you can improve your chances of winning your case by implementing these tips: Understand the grounds for child support modification. Collect as many relevant documents for supporting evidence as possible, including pay stubs and medical bills. Complete all forms accurately and thoroughly. Seek the services of a lawyer to manage your unique circumstances. Remain honest and transparent throughout the process.

Free Child Support Modification Form

A child support modification form is a document requesting changes to a court-ordered child support agreement.

Separated or divorced parents often use this document when they have a significant change in circumstances. For example, a co-parent can ask a court to modify their payment amount due to a loss of employment or a substantial decrease in income.

If both parents agree, they can complete and sign a revised child support agreement and adhere to its terms while waiting for their child support hearing.

Table of Contents

What Is Child Support Modification?
Reasons for Child Support Modification
State Laws for Child Support Modification
How to Modify a Current Order for Child Support
How to Write a Child Support Modification Form
Child Support Modification Form Sample
Frequently Asked Questions

What Is Child Support Modification?

Child support modification refers to the adjustments in child support, which are payments one parent makes to the other to cover the financial needs of their children. A court can obligate one party to pay child support, but the amounts one party can pay may change over time.

Child support modification can involve increasing or decreasing payments, depending on the parents’ unique situations.

Reasons for Child Support Modification

The following factors can result in the need for one party to petition for child support modification:

Income Changes: If either party loses their job or experiences a significant decrease in income, they may want to request payment changes. Changes in earning capacities by either party may also result in the need for payment adjustments.
Custody Arrangement Changes: Changes in legal/physical custody or the amount of time the child spends with each parent may result in payment adjustments.
Loss of Health Insurance Coverage: If a parent loses their health insurance and it affects the child’s medical expenses, they may request payment adjustments.
Changes in the Child’s Expenses/Needs: If the child has increased needs or expenses relating to childcare, extracurricular activities, or tuition, one parent may have to start paying more in child support.
New Dependents or Remarriage: If one parent gets remarried or has additional children to care for, they may have a more dire financial situation and need additional child support payments.
Relocation: One parent relocating to a different city or state may impact the cost of living, visitation, and other related expenses.
Errors in the Original Agreement: Finding miscalculations or other errors in the initial child support order may lead to a modification request.
Agreement by Both Parents: If both parties agree to payment changes, they can implement them.
Retirement: The retirement of one parent can impact their income and ability to meet child support obligations.

State Laws for Child Support Modification

Explore the state-specific laws for child support modifications:

State	When Is Child Support Modification Appropriate	Statute
Alabama	At least a 10% difference between the new calculation under the state's guidelines and the current support order is required and/or the party seeking a modification of child support must plead and prove that there has occurred a material change in circumstances that is substantial and continuing since the last order of child support.	Ala. R. Jud. Admin. 32(A)(3)
Alaska	A material change of circumstances is required. At least a 15% difference between the new calculation under the state's guidelines and the current support order is presumed to be a material change in circumstances.	Alaska R. Civ. P. 90.3
Arizona	A showing of a substantial and continuing change in circumstances is required. At least a 15% difference between the new calculation under the state's guidelines and the current support order will be considered evidence of a substantial and continuing change in circumstances.	AZ Rev Stat § 25-327 and 25-503
Arkansas	A material change in circumstances is required. At least a 20% increase or decrease in either parent's income will constitute a material change in circumstances. Other changes in the parties’ circumstances may also entitle a party to a modification of child support.	AR Code § 9-14-107
California	Must be based on a substantial change in circumstances since the last order. If an amount is stipulated by the parties, no change of circumstances is necessary. As a general rule, modification may be granted for a 20% change in the order or $50, whichever is less.	Cal. Fam. Code §§ 4064 and 4065
Colorado	Substantial and continuing change of circumstances is required. A 10% difference between the new calculation under the state's guidelines and the current support order.	CO Rev Stat § 14-10-122
Connecticut	Substantial change in circumstances or substantial deviation from child support guidelines is required. A 15% difference between the new calculation under the state's guidelines and the current support order.	Conn. Gen. Stat. § 46b-86
Delaware	If filed within two and one-half years of the last determination must allege with particularity a substantial change of circumstances not caused by the petitioner's voluntary or wrongful conduct. Must be a 10% difference between the new calculation under the state's guidelines and the current support order. Beyond two and one-half years, neither the "particularity" nor the "10%" requirement applies.	13 DE Code § 508
District of Columbia	Rebuttable presumption that there has been a substantial and material change of circumstances that warrants a modification of a support order if application of the guideline to the current circumstances of the parents results in an amount of child support that varies from the amount of the existing support order by 15% or more.	D.C. Code § 16-916.01
Florida	Substantial change in circumstances required. A 15% difference between the new calculation under the state's guidelines and the current support order, but not less than $50 is required.	Fla. Stat. § 61.30(1)(b)
Georgia	Must be based on a substantial change in the income and financial status of either parent or the financial needs of the child since the last order. At least a 15% difference between the new calculation under the state's guidelines and the current support order.	Ga. Code § 19-6-15(k)(1)-(3)
Hawaii	At least a 10% difference between the new calculation under the state's guidelines and the current support order.	Haw. Rev. Stat. § 576D-7(d) and Hawaii Child Support Guidelines
Idaho	A material and substantial change of circumstances indicating that modification would be in the child’s best interests.	Idaho Code § 32-706
Illinois	Must be at least a 20% difference between the new calculation under the state's guidelines and the current support order or a showing of a substantial change in circumstances.	750 ILCS 5/510(a)(1)-(2)
Indiana	Must be at least a 20% difference between the new calculation under the state's guidelines and the current support order or a showing of a substantial change in circumstances that would make the current support order unreasonable.	Ind. Code § 31-16-8-1
Iowa	Must be at least a 10% difference between the new calculation under the state's guidelines and the current support order or a substantial change in circumstances.	Iowa Code § 598.21C
Kansas	Must be at least a 10% difference between the new calculation under the state's guidelines and the current support order or a material change in circumstances.	Kansas Child Support Guidelines
Kentucky	Must be at least a 15% difference between the new calculation under the state's guidelines and the current support order. If either party files a modification action within one (1) year of the initial support order, the filing party must show a 25% difference between the new calculation under the state’s guidelines and the current support order.	Ky. Rev. Stat. § 403.213
Louisiana	A rebuttable presumption is made when there is at least a 25% difference between the new calculation under the state's guidelines and the current support order, a material and substantial change has occured, or the current support order was established/last modified more than three years ago.	La. Stat. tit. 9 § 311
Maine	If the current support order deviates by at least 15% from the new calculation based on the state’s guidelines within three years of the current support order, the court will recognize this as a substantial change of circumstances and modify the support order according to state guidelines. If it has been more than three years since the current support order was issued or modified, the court shall review the support order without requiring proof and shall modify the support order according to the state’s guidelines.	19-A ME Rev Stat § 2001
Maryland	Must be a material change in the parties’ situations or at least a 25% difference between the new calculation under the state's guidelines and the current support order.	Md. Code, Fam. Law § 12-202
Massachusetts	There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If the party shows that it is in the best interests of the child and that the current order is unjust or inappropriate, then the amount of child support shall be adjusted.	Mass. Gen. Laws ch. 119A § 13
Michigan	A parent can either request a review of the current support order every 36 months or provide evidence of a substantial change in circumstances.	MI Friend of the Court
Minnesota	A presumption is made that there has been a substantial change in circumstances if there is at least a 20% difference and at least a $75 per month higher or lower calculated cost than the current support order.	Minn. Stat. § 518A.39
Mississippi	Must show a substantial change in circumstances. Must be at least a 15% difference between the new calculation under the state’s guidelines and the current support order.	Miss. Code Ann. § 43-19-101
Missouri	A 50% increase or decrease in either parent's income.	13 MO Code of State Regs 40-106.010
Montana	A current support order may be modified if it has been at least 36 months since the date the order was entered or last reviewed. If the modification request is less than 36 months, then there must be a showing of a significant change of circumstances. A significant change of circumstances is when the income of one or both parents has changed by at least 30%.	Order Modification (mt.gov)
Nebraska	At least a 10% difference, but not less than a $25 difference, between the new calculation under the state's guidelines and the current support order which has lasted at least three months and is expected to last for an additional six months, establishes a rebuttable presumption of a material change of circumstances.	Neb. Sup. Ct. R. 4-217
Nevada	A change in circumstances.	Nev. Admin. Code § 425.170
New Hampshire	A substantial change in circumstances. The Department will provide notice every three years of the parties’ rights to modify the current child support order.	NH Rev. Stat. § 458-C:7
New Jersey	The court will notify the parties of their rights to modify the current child support order every three years.	NJ Admin Code 10:110-14.1
New Mexico	A court may modify a current support order upon a showing of material and substantial change in circumstances. At least a 20% difference between the new calculation under the state's guidelines and the current support order.	NM Stat § 40-4-11.4
New York	If there is a substantial change in circumstances, three years have passed since the current support order, or at least a 15% difference between the new calculation under the state’s guidelines and the current support order.	Modification of Child Support Order
North Carolina	The current support order may be modified after three years or if there has been a substantial change in circumstances. At least a 15% difference between the new calculation under the state's guidelines and the current support order is presumed to be a substantial change in circumstance.	NC Gen. Stat. § 50-13.7
North Dakota	Upon request, the court may review the current support order every 18 months.	ND Health and Human Services
Ohio	A substantial change in circumstances or at least a 10% difference between the new calculation under the state’s guidelines and the current support order.	Ohio Rev. Code § 3119.79
Oklahoma	A material change in circumstances.	Okla. Stat. tit. 43 § 118I
Oregon	A current support order may be reviewed for modification every 35 months. A party must show a significant change in circumstances.	Modify an Existing Support Order - Oregon Department of Justice
Pennsylvania	A material and substantial change in circumstances.	231 Pa. Code § 1910.19
Rhode Island	A substantial change in circumstances. At least a 15% difference between the new calculation under the state’s guidelines and the current support order or it has been 36 months since the current support order was reviewed or entered.	218-30-00 RI Code R. § 1.22
South Carolina	A showing of a change in circumstances.	SC Code § 63-17-830
South Dakota	If a support order was made before July 1, 2022, an order may be modified without showing any change in circumstance. If a support order was made after July 1, 2022, a support order may only be modified if it was entered three years or more before requesting a modification or a substantial change in circumstances has occurred.	Modification of South Dakota Child Support Orders
Tennessee	A significant variance exists. At least a 15% difference between the new calculation under the state's guidelines and the current support order.	TN Comp Rules and Regs 1240-02-04-.04
Texas	A material and substantial change in circumstances. The current support order was established/last modified three years ago. At least a 20% difference or $100 from the amount that would be awarded between the new calculation under the state's guidelines and the current support order.	Support Modification Process
Utah	A substantial change in circumstances that is not temporary in nature. At least a 15% difference between the new calculation under the state's guidelines and the current support order.	Utah Code § 78B-12-210(9)
Vermont	A real, substantial, and unanticipated change in circumstances. If the current support order has not been modified in three years, the real, substantial, and unanticipated change in circumstances requirement is waived.	15 V.S.A. § 660
Virginia	A material change in circumstances.	Va. Code § 20-108.1
Washington	A change in circumstances.	WA Department of Social and Health Services
West Virginia	A substantial change in circumstances. At least a 15% difference between the new calculation under the state's guidelines and the current support order.	W. Va. Code § 48-11-105
Wisconsin	A substantial change in circumstances.	Wis. Stat. § 767.59(1f)
Wyoming	If the current support order follows the state’s guidelines, the petitioner must show that the application of the presumptive child support would be unjust or inappropriate.	Wyo. Stat. § 20-2-307

How to Modify a Current Order for Child Support

Follow these instructions to modify a current order for child support:

Understand the grounds for modification. Learn why you might need to modify a current order, as understanding the reasons can increase your chances of success.
Gather documents. Gather supporting documents so you can make a better case for yourself. Collect evidence reporting changes in custody arrangements or income increases/decreases.
Contact the child support agency. Contact the child support agency or the court that issued the original order, as it can provide guidance on the specific forms you’ll need to complete the modification.
Complete a modification request. Use our template to create a modification request. Please note that it isn’t legally binding until the court approves your request.
File the request. File the request with the court or child support agency. Pay any associated fees.
Notify the other parent. Notify the other parent of the request you submitted. Some jurisdictions have specific requirements for serving notice. For example, you might have to serve notice via certified mail.
Attend a court hearing or mediation session. Attend a court hearing or mediation session so the court or agency can review your request. Both parents may present their case if the organization allows.
Wait for the organization to review your case. Let the organization review your case and present you with a decision. The court or agency may approve or deny your request for child support modification.
Obtain a new order. If the organization approves your request, it should issue a new order.

How to Write a Child Support Modification Form

Step 1 – Write the Date and State of the Agreement

Write the state where you plan to execute the modification. Record the agreement’s “Effective Date,” including the day, month, and year.

Step 2 – List the Parents’ Names

List the parents’ names, specifying the parent paying the child support and receiving the child support. Include their addresses.

Step 3 – Write the Children’s Information

List all children whom the parents have together and who will benefit from the child support payments. Include their birthdates. Specify whether the parents are expecting other children.

Step 4 – Describe the Original Agreement

Describe the original child support agreement, including the date the parties entered it and the payment amounts.

Step 5 – Record the New Payment Amounts

Record the new payment amounts and specify their frequency. Indicate whether the agreed-upon child support follows state guidelines. If the payments aren’t in accordance with state guidelines, both parties should acknowledge their rights and show mutual agreement to deviate from state guidelines.

Step 6 – Describe the Responsibility of Tuition and Medical Expenses

Describe the responsibility of tuition and medical expenses. Specify if both parties will share these obligations equally or if one parent will assume full responsibility.

Step 7 – Indicate Whether There’s a Waiver of Payment Through a Clerk

You and the other parent can decide whether you’ll agree to a waiver of payment through a clerk. If you want to waive payment through a clerk, the paying party will issue their payments directly to the receiving party.

Step 8 – Specify How You’ll Handle Disputes

Specify how you’ll handle disputes, whether it’s through legal action or mediation. Detail if the prevailing party can recover reasonable attorney’s fees if they go to court.

Step 9 – Obtain Signatures

Obtain both parents’ signatures. Ensure each party prints their full name next to their signature.

Step 10 – Have the Witnesses Write Their Information

If people are witnessing your signatures, have them write their information. This information includes their signatures, names, and addresses.

Step 11 – Have the Notary Complete Their Acknowledgment

Have the notary complete their acknowledgment, ensuring they either know both parties personally or receive satisfactory evidence of their identities.

Child Support Modification Form Sample

Download a child support modification form in PDF or Word format:

Child Support Modification Form

Frequently Asked Questions

The court isn’t guaranteed to approve your request for a child support modification. However, you can improve your chances of winning your case by implementing these tips:

Understand the grounds for child support modification.
Collect as many relevant documents for supporting evidence as possible, including pay stubs and medical bills.
Complete all forms accurately and thoroughly.
Seek the services of a lawyer to manage your unique circumstances.
Remain honest and transparent throughout the process.

Significant income changes can result in the need for child support modification. For example, if the receiving party experiences a loss of income, the paying party may have to pay more in child support. If the paying party experiences a loss of income, they may not have to pay as much because they can no longer afford their previous payments.

Any time a change in income occurs, the affected party should notify the other parent and the child support agency/court in a timely manner to avoid legal consequences.

Contact the initial agency that issued the original child support agreement. Fill out the necessary forms with this agency to initiate the transfer to a new state. Upon approval, the original agency will transfer the child support arrangement to an agency in the new state. Ensure compliance with the new agency’s requirements.

Either the paying (non-custodial) or receiving (custodial) parent can motion for the review of a child support obligation. In some instances, the state’s child support agency can initiate a review of payment obligations.