Modification of Child Support


I am getting ready to sign an agreed upon (between STBX and I) child support order (signed by Judge) in next day or so but I am bit scared to sign a permanent Child support order along with a temporary child custody order.

The tempoary child custody order gives me # of overnights that put me in the Worksheet A category for Child support right now. And the permanent child support order is based on $ arrived by using worksheet A. What if I get a permanent child custody order down the road that gives me enough overnights to qualify for the Worksheet B schedule for child support. At that time do you think the judge would consider this to be a “Substantial” change to allow me to modify the child support payments at that time? What if I put in the Child Support order right now a clause stipulating that such a change in permanent custody will be considered “substantial change”, would the judge be forced to honour this clause or the can the judge overrule this clause?



You can apply to modify your child support any time it has been at least three years since your last Order and you have a greater than 15% differential in the amount you would now have to pay in child support. Obviously, a Schedule B support order would almost certainly be 15% or more less than a Schedule A. You can apply to modify it if your visitation schedule increases to allow for a Schedule B, or if you get custody altogether. This would constitute a substantial change in circumstances which would merit a modification.