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Child support can be modified by the
Court if there is a “material change in circumstances” since the last
Order for child support.
For example, if a Separation Agreement providing for child support is
incorporated into a divorce decree, the parent seeking a modification of
child support must prove a material change in circumstances since the
date of the divorce decree (not the date of the Separation Agreement).
A material change in circumstances would include a change in either
parent’s income, a change in certain expenses of the children, such as
work-related child care, extraordinary medical or private school
expenses, or a child reaching age of majority.
When a court modifies child support, it can make the modification
retroactive only to the date of the request for modification. If you
believe your child support should be modified, you should not delay
filing the request.
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