There are two general ways in which a person can modify the child support order in their case:

First, you can request an administrative hearing through the Child Support Enforcement Agency. Please note that the agency will only conduct one if it has been more than three years since the last order was modified and/or established. If the agency does hold a hearing, you will be notified of the necessary information to bring with you. The parties will meet at the Child Support Enforcement Agency and the hearing will be conducted by a hearing officer. You can have an attorney with you at this hearing.

The hearing officer will make a written recommendation, which will be sent out to the parties. If either party objects to the findings of the administrative hearing officer, the case will be transferred to the Court for a full hearing. If neither party objects, the Court will adopt the findings and recommendations.

Second, you can file a motion asking for a modification of the child support. The modification can be an increase or decrease of the current support order, depending upon your situation. For the court to modify an existing order, the party making the request for the modification must demonstrate that there has been a change in circumstance warranting the modification of support. This normally means that the monthly child support order must be increased or decreased by ten percent. For example, if the current order is $320 per month, then for the Court to make a modification, the new order must either increase or decrease by $32 per month.

Please note that there are many factors that are considered when calculating child support, such as the parties’ wages, overtime, other support orders, spousal support orders paid, other children residing with the parties, health insurance premiums paid and child care costs, just to name a few.

An attorney can help you look at your individual situation and calculate support, advising you as to whether a modification makes sense in your situation. If you have any further questions about how we can help with your child support needs, contact us. Mike Jurek, Jack Hemm and Mike Rice can all help you with your child support issues.