QUESTION
How often can the court be petitioned to modify child support?
Asked on Jan 24th, 2016 on Child Custody - Nebraska
6 ANSWERS
4 Awards
There is no magic time frame. The standard to modify is whether a "material and substantial change in circumstances not in the contemplation of the parties at the time of the last order" has occurred. Generally, the change must result in an upward or downward change in amount owed by at least 10%. For the other criteria, you should speak with a family law attorney. Best wishes!
Answered on Feb 01st, 2016 at 5:18 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The only real limit is the patients of the court. Usually you will need to show a change in circumstances great enough to warrant a change. If you cannot show such a change, or that some statutory period of time has passed, don't waste the courts time or your money.
Answered on Feb 01st, 2016 at 5:18 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Child support may be modified any time there is a change of circumstances until the child becomes emancipated. The parents CANNOT make an agreement that will stop the court from changing a child support order, if the court wants the amount changed.
Answered on Feb 01st, 2016 at 5:16 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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You can petition the court anytime, but to change child support the court would need 3 years passage of time or a change in circumstance. A change in circumstance is an increase or decrease in income by 20%.
Answered on Feb 01st, 2016 at 9:21 AM
2 Awards
You may pursue a child support modification action when there has been a "substantial change in circumstances". The substantial change may consist of an income change or a change in the timesharing arrangement. Pursuant to the Florida Statutes, a Court may modify child support when the difference between the existing monthly obligation and the amount provided for under the guidelines is at least 15% or $50, whichever amount is greater.
Answered on Feb 01st, 2016 at 9:20 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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As often as there is a change in circumstances which would modify the support by 10% and where the change has lasted 3 months and is anticipated to last at least an additional 6 months.
Answered on Feb 01st, 2016 at 9:19 AM