States created child support guidelines (formulas) to ensure that, regardless of a person’s marital or relationship status, both parents financially support their children until they reach at least 18 years of age. In some states, if the child is still in high school after turning 18, the court requires parents to financially support that child up to graduation, or the age of 19 1/2.
Among other things, the court prefers stability for children, meaning that you can’t modify child support unless there’s a good reason. But the court also understands that for most people, income and situations change over time. If you discover that your spouse received an increase in salary, you can ask the court to review your child support order.
Child Support Basics
The child support process typically begins during a divorce, or when either unmarried parent files a motion (request) with the court asking for financial help from the other parent.
Every state has a child support guideline or formula, which typically takes into account both parents' incomes and time spent with the child. Both parents must exchange current information showing income, expenses, assets, and debts.
Once the parents agree on an amount and/or or the court calculates child support and issues an order, the paying parent must make monthly payments on time. Parents who fail to meet their court-ordered child support obligation may face time in court, fines, loss of professional or drivers’ licenses, and even time in jail.
Modifying Child support
Modifying (changing) child support is not a always an easy task. While the court understands that incomes and salaries may change over time, a minor change in circumstances isn’t usually enough to warrant a review of child support.
For most courts to approve your request for more child support, you’ll need to demonstrate that there is a substantial change in circumstances that warrants the review. Some common reasons for modifying child support include:
- a significant increase or decrease in a parent’s income
- when either parent is financially responsible for a new child
- an increase in the costs of providing for the child, or
- either parent receives a sizable bonus or inheritance that significantly impacts that parent’s income.
For example, in Michigan, a party must prove that there’s been at least a 10% change in income before the court will consider modifying child support. Each state’s standards are different, so be sure to find out what the rule is where you live.
Since your ex received a sizable raise—$500 a month—it's very likely that this will qualify as a substantial change in circumstances and result in an increase to the amount he's obligated to pay. You can check with your local Department of Child Support Services or Office of Child Support Services to see if they will open a case for you and ask a court to increase child support based on your ex's raise. You can also ask them to run a calculation based on your state's formulas to give you an estimate of what your ex may owe.
If you have an attorney and can afford it, you can ask your attorney to run the calculation. Finally, some state court websites offer online calculators, which may not be completely accurate, but can give you an idea of whether your ex will owe more child support based on the raise.
Most states also allow parties to request a periodic child support review every 24-36 months without needing to provide a change of circumstances.
The Child Support Modification Hearing
If you think you meet your state’s threshold for modifying child support, the first step is to file a formal motion with the court (or ask your child support office to do so). During the court appearance, you, your attorney, or the state will present relevant evidence and testimony, including proof of current income and expenses.
In most cases, once the court schedules a child support review, it will send a packet of information to each party with a list of required information for the upcoming hearing. When you meet with the judge, both parents will have the opportunity to present their side of the story, and the filing party will need to convince the judge of the change of circumstances warranting a review.
If the court is satisfied that there has been a significant change of circumstances, the judge will review or run a child support calculation based on the parents' new incomes. If there’s a difference between the old calculation and the new, and it meets the state requirement, the judge will create a new child support order.
Child Support Calculations are Not Retroactive
Child support is not retroactive, which means if you find out about a change in circumstances, you cannot wait several months to file for an increase dating back to the date of the change. If you find out that your ex got a significant raise, you must file for an increase in child support right away. The judge can only order higher payments starting on the date your first filed your motion—not back to the date of the raise.
For example, if your ex gets a significant raise in March, but you don’t request a child support increase until July, the court won’t apply the new child support award going back to March. The judge will only have authority to increase support payments starting on the date you filed your motion in July.
If you suspect that your ex-spouse has experienced a substantial change in income, you can start by asking him to recalculate the child support numbers and agree to an increase in the monthly amount. If your ex refuses to agree to the increase, you will need to file a motion right away (or contact your local child support services office to help you). If you can afford to do so, you can contact an experienced family law attorney in your area for help.