Can the amount of support payments be changed?

Either party to a support payment agreement or a court­-ordered support application can apply to the court at any time to vary the amount of support payable ­ to increase or decrease it.

Some factors considered in increasing support payments might be:

  • discovery of significant previously undisclosed assets of the payor not known when the existing amount of support payments was determined and which would indicate the ability of the payor to pay a greater amount of support;
  • a significant increase in the income of the payor which would entitle the payee to a larger amount of child support pursuant to the Child Support Guidelines;
  • a significant decrease in the income or assets of the payee.


    Some factors considered in decreasing support payments might be:

  • discovery of significant previously undisclosed assets of the payee, not known when the amount of support payments was determined which would indicate the need of the payee to a lesser amount of support;
  • a significant increase in the income or assets of the payee;
  • a significant decrease in the income or assets of the payor and a resultant inability to pay the amount determined.

 Any person applying to the court must submit and obtain sufficient corroborating documentary evidence in proper form. You may receive the assistance of a qualified family law practitioner.

 

Either party to a support payment agreement or a court­-ordered support application can apply to the court at any time to vary the amount of support payable ­ to increase or decrease it.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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