I have read in a few articles that a 15% change in the amount paid in child support is what would warrant filing for an adjustment. In my case 15% represents a substantial amount of money. Is 15% the rule? What happens if I file for a modification which should only result in a 5% or 10% reduction in what I am paying? Will they not hear or consider the case?
You can file for child support to be modified any time there is a substantial change in circumstances affecting the wellbeing of the minor child. It is presumed to be a substantial change in circumstances where three years have passed since the entry of the current child support order and a 15% or more difference between the monthly child support obligation under the current order and the monthly child support obligation under a new order with the parent’s current income and circumstances.
But this is not the only way to get a child support order modified. A substantial change in circumstances could also mean a combination factors/changes such as of new jobs, higher/lower incomes, the birth of a new child, etc. If you can make an argument that a substantial change in circumstances affecting the wellbeing of the minor child(ren) has occurred since the entry of the current child support order, then you may be successful in modifying child support.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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