Child Support Modification (materiality change)


#1

Do you believe the Court would modify a child support order, if the change is $130/month?

My current child support custody order amount is based on an incorrect monthly average annual child care costs to work for each parent.

Current order was based on monthly average to spouse of $800/month and $0/month for me.

The correct cost of child care to work for each parent should be $510/month for spouse and $100/month for me.

Keeping all other inputs to the child care calculator unchanged from current order: 1. number of nights, 2. salaries (mine has not increased, she will not reply if her’s has), and 3. cost of health care insurance (paid exclusively by me) and only updating 4. the cost of child care to work for each parent ($510/her, $100/me), the support owed by me drops by $130 a month.

In my support, to the request for modification, I can/will provide as evidence a full calendar year and the actual cost to each parent (for every work day), the amount of child care paid by the parent. I support the cost per day paid by the parent with rate sheets from CMS ASEP (school year), YMCA (summer camp).


#2

In order to modify the existing child support order, you will need to show a substantial change in circumstances. To learn more about that process check out our article:how to modify child support. You would need to argue that the decrease in childcare costs was a substantial change in circumstances thus warranting a modification.


#3

i filed the necessary paperwork to have the Court review my motion to adjust child support. the court date is in late April. can you walk me what the hearing will entail? i provided to the Court when I filed in late December, complete support showing that (the number of nights for each parent during the year is overstated for her and understated for me), (the cost of child care (to work) average monthly is overstated for her and understated for me, and with these new and accurate inputs to the child support calculator, the recommended child support changes from $1171 to $857 per month.


#4

At your hearing you will go first, as the moving party. You will need to submit evidence of overnights and income. You can call yourself as a witness to testify and you can submit exhibits. The other parent will then have an opportunity to respond through testimony and putting on exhibits of her own.