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Modification of Child Support Obligations

Support orders can be modified. A modification can be requested by either party or the county child support agency. In order for the court to modify the child support obligation the court must find that there has been a substantial change in circumstances. There is a presumption of a substantial change in circumstances if any of the following occur:

  1. The commencement of state aid for families with dependent children since the entry of the last order.
  2. The expiration of 33 months after the entry of the last order regarding child support.
  3. The failure of a payer to furnish a timely disclosure.

Any of the following circumstances may constitute a substantial change of circumstances sufficient to justify a revision of support:

  1. A change in the payer's income.
  2. A change in the needs of the child.
  3. A change in the payer's earning capacity.
  4. Any other factor that the court determines is relevant.

If you have questions regarding your child support order or modifying a child support order, contact one of the experienced family law attorneys at Lawton & Cates.

 

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