When both parties agree on how to modify child support, the modification process will be quite swift. All they will need to do after agreeing to modify the order is submit a proposed custody order reflecting the changes to the court.
The court will then review it and decide whether to approve it. Once it has been approved it becomes legally enforceable. Another way the child support order can be modified is when a substantial changed has happened to either of the parties or the child.
It may also be modified if 3 years have elapsed since the date the prior order was signed by a judge.
Just like most cases involving child support, there is a chance that only one parent may be for the child support modification.
The modification process in this scenario will take a longer time to settle. However, the parent that wants the order to be modified will have to demonstrate that:
- The changes the parent is proposing will serve the best interest of the child
- The child is 12 years old and wants to change the primary caregiver
- There are material and substantial changes in circumstances
3 YEAR RULE
The three year rule exists to prevent either party involved in the child support case from constantly attempting to modify child support.
Without this rule there would be numerous modification cases in court that may clog the court’s dockets. So it is a rule for the benefit of the courts.
The three year rule has a requirement that a change can only be made if child support will be more than 20% or $100 different than what the current order states.