If you and your child’s co-parent have a child support order in place, you may wonder if that order binds you until your child reaches the age of majority. Fortunately, you can modify your child support document if you or your child’s circumstances change. For example, if you lose your job or your child’s daycare costs increase, you might need to readjust your child support agreement.
If you need a child support modification, you can start by drafting a child support modification letter.
What Is a Child Support Modification Form?
A child support modification form, also referred to as a child support modification letter, enables you to request that a court issue a new child support order in your case. In this form, you advise the court of a child support agreement you and your co-parent have reached and of terms you’d like to include in a revised order.
How Does a Child Support Modification Form Work?
If you and the co-parent have agreed to a revised support amount, you can use a child support modification form to advise the court of your child support agreement and request an updated court order. Once you’ve completed the child support modification letter, you can attach it to a petition to modify child support and file it in the appropriate jurisdiction. The court will consider your request and, if the judge finds that the new child support agreement is in the child’s best interests, the court will issue an updated child support order.
What Is Included in a Child Support Modification Form?
Once you have the form specific to your state, you can complete it by including the following information:
- Each parent’s full name and address
- Each child’s full name and birthdate
- The date of the existing child support order
- The current child support amount and the frequency of payments
- A copy of your state’s Child Support Guidelines attached as Exhibit A to the form
- The new child support amount and frequency of payments
- A statement verifying which parent shall pay the child’s health insurance and/or tuition payment
In your child support modification letter, you must also indicate whether you want your local child support enforcement agency to administer the child support or if the child support will be paid directly from one parent to the other.
When Is a Child Support Modification Form Needed?
You might need a child support modification form if circumstances have changed substantially since the judge issued the last child support order in your case. Common examples of changed circumstances warranting a child support modification include:
- Loss of employment
- A significant decrease in income
- Changes in your child’s healthcare or daycare costs
- Increased uninsured medical expenses for your child
- The birth or adoption of a new child
Additionally, in some states, a parent’s remarriage could impact an existing child support agreement. If you are unsure whether your changed circumstances warrant a child support modification, you should consult an attorney in your area.
What happens if I don’t have one?
If you don’t file a child support modification form, you will still have to pay the court-ordered amount in full, even if you have experienced a change in circumstances. For example, the loss of a job does not free you of your payment obligations. You must still adhere to the existing child support agreement, even if you can no longer afford to pay that amount based on your loss of income.
If you do not meet your obligation, the co-parent or the local child support office could ask a judge to hold you in contempt of court. If you are found in contempt, you may be fined, ordered to pay the other party’s legal fees, or even incarcerated. The child support office may also garnish your wages or seize your income tax refunds to satisfy your outstanding child support arrears.
How to Send a Child Support Modification Form
To ensure your child support modification form is submitted correctly to a judge, attach it to a petition to modify child support.
Where to Get a Free Child Support Modification Form
If you and your co-parent have agreed to revised child support terms and are ready to formally request a child support modification, you can download our child support modification form. We also have a form builder that enables you to create a free child support modification letter based on your state’s specific legal requirements.
FAQs/Related Questions
Each state’s legal requirements for child support modifications differ. In some states, you can file to change support whenever your circumstances change. Other states require that the change be significant enough to increase or decrease child support by a specific percentage before you can ask for a modification. How often can you modify child support?
No, you don’t need a lawyer to make a child support modification. You can file a child support modification form on your own. However, if you and the other parent disagree on a revised child support order and they contest your request for a change, you may want to consider having an attorney represent you.Do I need a lawyer to make a child support modification?
Yes, both parents must sign the child support modification letter indicating that they agree to revise the terms of their child support agreement. If both parents disagree on the changes, either of them can still file a petition to modify child support and ask a judge to determine a new child support amount.Do both parents have to sign a child support modification form?
Every child support modification case is different, so it’s challenging to predict whether a judge will grant or deny a specific child support request. Typically, the more substantial the change in circumstances, the greater the likelihood that a judge will approve the child support modification. Additionally, a court must assess whether the requested change is in the child’s best interests. As such, when parents can demonstrate that the proposed child support change will benefit their child, they have a better chance of a judge accepting their child support modification request. What are the chances of my child support modification being rejected?
