Attorney General Child Support Modifications
Modifications
Child Support Changes
Child Support Modifications allow you to request a review of your child support court order if you have an active/open child support case. After an order is entered and the parties have been operating under the terms of that order, they often find the need to change it. Sometimes the financial circumstances of one of the parent’s have changed or the needs of the child changes, causing additional financial burdens, or both.
Any change to the current order must be done through the courts by filing a motion to modify. Creating a written or verbal agreement between the parties does not absolve the child support obligation and can be harmful to either party down the line if litigation happens. Do not change the amount you pay on your own, as this can cause the Attorney General to file a Motion for Enforcement against you and can ultimately result in a warrant being issued for your arrest.
Some Key Points To Know
- Material and Substantial Change: To request a child support modification, you must demonstrate that there has been a material and substantial change in circumstances since the last order was issued. This change must have occurred after the order was established or last modified.
- Eligibility: Generally, the OAG can help with child support modifications if the original child support order was established or last modified by the OAG. If the order was issued by a court, you may need to file a petition for modification directly with the court.
- Types of Changes: Various factors can be considered as material and substantial changes, such as a significant change in income for either parent, changes in the child’s needs or medical expenses, or a change in custody arrangements.
- OAG Review and Administrative Process: The OAG offers an administrative review process to request a child support modification. You can contact the OAG to initiate the review and provide them with the necessary information. They will evaluate your request and determine if there is enough evidence to proceed with a modification.
- Court Involvement: If the OAG determines that a modification is appropriate, they may attempt to reach an agreement with the other parent. If an agreement cannot be reached or if the circumstances require immediate action, the OAG may file a lawsuit in court to modify the child support order.
- Legal Representation: While you are not required to have an attorney to pursue a child support modification, it can be beneficial to consult with a family law attorney who can guide you through the process, especially if the case becomes complex or contested.
Three Year Benchmark
Modifications sought within three years of a previous order are looked at with more scrutiny, and requests must be made to the court prior to being granted permission because the court must ensure that making the change is in the best interest of the child or children.