Child Support Modification

Child support payments cover the cost of food, shelter, clothing, and other necessities. Child support is paid by the parent without primary custody to the parent with primary custody.

Yes. Either parent may petition to modify child support if there has been a substantial change in circumstances.

But. As with most court orders, once established, it’s a difficult process to change a child support obligation.  Modifying child support is similar to establishing payments in the first place. The courts follow the same guidelines and consider the same factors.

Let’s look at a few scenarios that might necessitate a change to your child support situation:

• You receive a significant income increase.
• Your ex-spouse receives a significant income increase.
• You gain primary custody of your kids.
• You are injured and can’t work.
• Your child becomes injured or ill and requires more care.
• Your former spouse relocates.
• Death of a parent or child.

Related Reading: Best Interest Of The Child

You can seek an adjustment in cases of substantial changes in financial circumstances. Essentially, if the numbers you initially used to determine the amount have changed dramatically, you may be able to recalculate.

Let’s look at a few scenarios that might necessitate a change to your child support situation:

• You receive a significant income increase.
• Your ex-spouse receives a significant income increase.
• You gain primary custody of your kids.
• You are injured and can’t work.
• Your child becomes injured or ill and requires more care.
• Your former spouse relocates.
• Death of a parent or child.

If you pay through the Division of Child Support, you can request that the Oregon Child Support Program look at your case if it’s been at least 35 months since the order was entered or reviewed. Also, you must show a significant change in circumstances.

The key to obtaining a child support modification is to present a justifiable reason. Be thorough. You have to show evidence of a significant change in financial circumstances.

If your ex interferes with your parenting time or does something else out of line, like spends the money on gambling or drugs, you absolutely have legal recourse. You should work with your attorney to determine the best course of action.

Related Reading: Child Custody: My Ex Won’t Comply With A Court Order

We hear a lot these days about inflation, the rising prices of gas, groceries, and other necessities.

Because of this, many people wonder whether they can modify child support payments based on inflation, or whether price gouging can be used as a basis for a modification.

The short answer is no.

Increased general life expenses can figure into this, of course, but probably won’t tip the scale one way or another. After all, prices have gone up for everyone, including your ex.

Other Reading: What Is A Status Quo Order?