In this time of economic change, people are losing job and benefits. They wonder how they will pay their child support. Child support can be modified any time that there have been changes in the income or expenses of the parents (or the children) that would result in a 10% change in the child support amount. Child support can only be changed going forward from the date that the motion to modify child support is filed with the court. This means that it is important to file the Motion to Modify Child Support as soon as the change occurs. The only exception to this is if the change in support is because the child changed how much time they stay with each parent. The change can relate to the date the parenting time changed.
If one child emancipates, a Motion to Modify child support has to be filed if there is a younger child. An agreement between the parties to reduce the support because of the emancipation is not valid unless it is filed with the court and the court signs a new support order. Many people make an agreement to reduce the support but don’t file with the court. The original order stays in effect until properly modified. The person paying support may have a huge arrearage that he or she is not aware of until the youngest child is emancipated.