Changing a Child Support Order

How can I get my current child support order changed?

If your child support order is at least two years old you can ask the District Attorney (DA) or the Division of Child Support to review your child support order to see if it meets the current guidelines. If it is over or under the guidelines, it can be changed to fit within the guidelines.

If it has been less than two years since the most recent child support order or modification, you may still be able to get a "change of circumstances" modification. The change may be in your income, the other parent's income, or the child's needs. This service, or the paperwork to do it on your own, is also available from SED and the DA. If you are the parent who owes support and begin receiving public assistance you can also get your child support order changed.

This information is not intended as legal advice, but rather a brief summary of basic information. Our firm offers an initial consultation at no charge and we would be happy to meet to discuss your individual situation.

If I am behind in paying child support, can the amount of back child support I owe be changed?

Once you are behind in paying child support that you have been ordered to pay, you cannot go back and cancel any amount of support you owe-even if you didn't pay because you weren't working or because you were in jail. But you may be able to get credit on your child support account if the children lived with you for a long time when it wasn't your usual parenting time, and if the other parent had agreed to your having the children. You should contact the Support Enforcement Division, the District Attorney, or a private attorney about getting this credit. An attorney may be able to assist in getting the custodial parent to agree to waive back child support.