Child Support Modification
By David
Tuesday, September 26, 2006
Child Support Modification:
If the custodial parent has applied for IV-D services, the Support Enforcement Services Unit to review your court order to see if a change is needed. If the support order 'substantially deviates' from the amount recommended by the Connecticut Child Support and Arrearage Guidelines, then Support Enforcement Services will file a motion requesting a change in your court order. A 'substantial deviation' means that your current order is more than 15% different from the order recommended by the Guidelines. This service is called 'review and adjustment' or child support modification.
If you ask for the modification, you must attend the court hearing or the judge or magistrate will not change the order. You and your child's other parent may agree to modify the child support terms, but even an agreed-upon modification for child support must be approved by a judge to be legally enforceable.
If you and your ex can't agree on a change, you must request the court to hold a hearing in which each of you can argue the pros and cons of the proposed child support modification. As a general rule, the court will not modify an existing order unless the parent proposing the modification can show changed circumstances. This rule encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests.
Depending on the circumstances, a modification may be temporary or permanent. Examples of the types of changes that frequently support temporary child support modification orders can include a child's medical emergency, the payer's temporary inability to pay (for instance, because of illness or an additional financial burden such as a medical emergency or job loss), or temporary economic or medical hardship on the part of the recipient parent.
A permanent child support modification may be awarded because of either parent receives additional income from remarriage, changes in the child support laws, job change of either parent, cost of living increase, disability of either parent or the needs of the child.
A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time again, because of changed circumstances.