Child support orders can be modified by right if (1) it has been three years since the court has reviewed the child support in the case or (2) if the petitioning party can prove a “change in circumstance” since the last child support order.

The court itself will decide what constitutes a modification in order to conduct a review for child support purposes. Change of circumstances can include: an increase or decrease of income, retirement, illness, increased needs of the children, additional daycare expenses, and new children are born to either party. Other instances can also meet the change of circumstance threshold to invoke a child support review.

A person petitioning for a Modification of Child Support should also understand that by petitioning the court to review child support, the actual amount of child support could increase to the Payer as easily as it can decrease. When the court reviews a motion to modify child support, the court reviews the income of both of the parties as well as the needs of the child. Therefore depending on the facts of the case when a review ensues, the result could be detrimental to the petitioning party who assumed that child support would indeed decrease.