Modify Order
Modification of Child Support Orders
If either parent's circumstances change significantly, the Child Support Program can help the parent file a petition in Family Court to request a modification (change) to the existing child support order.Petition to modify current obligation amount
You can ask the court to modify your current obligation amount (with Family Court Form 4-11) based on a "substantial change in circumstances," or if the order was effective on or after October 13, 2010, it may be modified if:
- Three years have passed since the order was entered, last modified, or adjusted
- Either party's gross income has changed by 15 percent or more since the order was entered, last modified, or adjusted
- You are incarcerated
Review and adjustment of child support amounts
The amount that is owed for child support may be changed over time based on a cost of living adjustment (COLA).
Every two years the Child Support Program automatically reviews each child support order to determine whether the amount to be paid should be increased due to cost of living increases. COLAs can be made without going to court.
An order is eligible for COLA when it meets both of the following criteria:
- The order is at least two years old
- The sum of the average annual percentage change in the Consumer Price Index for Urban Consumers (CPI-U) is equal to or greater than 10 percent
If the cost of living has increased by 10 percent or more since the order of support was made or last reviewed, your current obligation amount will increase by the amount of increase in the cost of living. For example, if the cost of living increases by fifteen percent, your current obligation amount will be increased by fifteen percent.
For non-public assistance cases, a notice is sent to both parents when a case is eligible for COLA, and either parent may request the adjustment. When the custodial parent or child is receiving public assistance, the COLA is automatically applied when the case becomes eligible without either parent requesting the adjustment. Upon receiving notice of the COLA, either parent may file an objection, as the notice will explain.
If your case is eligible for a COLA, you will receive a notice in the mail. You can then either request a COLA or file an objection, as the notice will explain.