Modifications

When there has been a change in your financial circumstance(s), either party may request a modification. This is the method by which either party can ask for a review of the current order and potentially have their child support order modified. Of great importance is the fact that the Court is the only entity with the authority to change or deviate from the current child support guidelines.

How does the Modification Process Work?

If you need to apply for a Modification-contact CSEA today. The most important thing to remember when requesting a modification is to have proof of the change. You will need to be able to demonstrate through documents you provide that there is a change in the circumstances and/or your financial ability to pay your child support. if you don't have the supporting documentation your application may be denied.

Depending on the circumstances and the last time the child support was modified (established), there are three potential outcomes after requesting a modification:

1. The order remains the same
2. The order goes up
3. the order goes down
   
   

Qualifying Reasons for Modification:

• 36 months since the most recent child support order
• Employed but not at the time of the order
• Loss of Employment
• Verified Disability determination
• 30% change in income
• Child(ren) have emancipated
• Change in circumstances
• Institutionalized
• Incarceration
• Change in the cost of health care
• Parties have a common child to add to the
  existing order
• The Obligor's gross income is below 150% of
  the federal poverty level
• Obligor's is a member of the uniformed services
  and called to active duty for more than 30 days
• Temporary Adjustment Order for military that ended
• One party has added or lost a child
  
  

If there is a change in the current support, it will be effective beginning the first day of the month following the schedule date of the review.

Useful Definitions Deviations:
A change from the prescribed calculation based on the income information that has been provided by both parties to compute child support. Only a court has the jurisdiction to modify a child support order. Evidence must be provided to the court regarding for the need to deviate. Examples include but are not limited to the following: unusual needs of the child; child with disabilities, other court-ordered parenting time; extraordinary costs associated with parenting time; capacity and or emotional needs of the child; and any other relevant information the court deems appropriate.

Administrative Review & Adjustment:
This is the process in which an individual can request a review of their court-ordered child support providing that certain conditions are met. There are no guarantees that requesting a modification will lower your child support amount. If you do not agree with the outcome, you may seek an Administrative hearing or court hearing.

What if I’m Unemployed?

If you are unemployed, the CSEA will work with Unemployment Compensation (UC) to get an income wage withhold order. The wage withhold from UC will address the child support order but will NOT include the administrative fee(s). You will be responsible for paying the difference

Once you have a new job, the CSEA will work with your new employer to establish a new wage withhold order.

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