Modification of Child Support
Child support awards can be modified if there is a significant “material change in circumstance.” (It can also be retroactively applied, but not prior to the date the motion for modification was filed.)
A material change in circumstance can occur when:
- There is a general change in circumstances, needs, and financial condition of the spouses. This could include a parent losing their job or a change in a child’s needs.
- Application of the guidelines would result in a significant change of child support obligations.
A material change is historically defined as 25% or greater, but a change of less than 25% may still result in child support modification. If a modification results in a lower payment, the parent who pays child support may not recoup overpaid child support.