Modification of Child and Spousal Support

If you are paying child support or are receiving it, you can request a reduction or increase in the amount being paid by way of filing a motion to modify your order. In the case of child support, it is always modifiable. For spousal support orders, they are modified based upon a change of circumstances, unless the order specifically states that it is not modifiable. A family law attorney will know when it is appropriate to request a modification, and what factors and procedures are involved in obtaining a modification.

You cannot modify a child or spousal support order merely by agreeing to do it without making that agreement a court order. There must be a court order, signed by a judge, in order to obtain a legal modification of support. There are horror stories about paying spouses or parents who believed they had modified their support orders years ago, only to find out they owed hundreds of thousand of dollars in unpaid support, along with interest and penalties. Do not let this happen to you. In order to have a legally binding modification, you must file a motion to modify your support order or enter into an agreement to modify the order and have that order filed with the court.  The court can reduce or increase a support obligation only as far back as the date you filed your motion for modification.  If you need to modify your support order, time is of the essence. Every day you don’t file a motion is another day you pay the current support order. Consult with a family law attorney as soon as possible to understand the procedures to obtain a modification of support.

The same is true if you want to increase your support order. The court can only increase the amount paid as far back as the date you filed your motion. If you believe you are entitled to an increase, you need to speak to a family law attorney to find out if a motion for modification of support is warranted.