To qualify for a modification of child support, your situation must fit one of the following three (3) categories, you may file a petition to modify your current child support order:
- Twenty (20%) percent change in support amount after six (6) months. Any child support order that was entered more than six (6) months prior to the petition or which has not been adjusted within six (6) months from the date of filing of the petition may be reviewed and adjusted if the court finds that the support amount would change by twenty percent (20%) or more per month from the amount of the existing child support order; OR
- Substantial change of circumstances. A modification based on a substantial change of circumstances may be brought at any time. If you begin receiving public assistance such as POWER, Title 19, Kid Care, food stamps and/or supplemental security income (SSI), then your situation shall be considered a substantial change of circumstances requiring modification of child support. Other changes, including custody modifications, may also be sufficient. (If you are seeking a change of custody as well as a change in the child support order, please use the custody modification packet or seek the advice of an attorney); OR
- Every three (3) years. Every three years, upon request, the court is required to review and, if appropriate, adjust the child support order. There is no need for a showing of a change of circumstances if it has been at least three years since the previous child support order was entered.
If your situation fits one of the categories described above, you may move forward with Packet 5.