Support Establishment: Filing a Modification Petition with Family Court
After hearing a petition for modification, the judge may issue a new child support order, based on the parties' current financial circumstances.
Either parent can file a petition with Family Court for a modification if there is a significant change in circumstances since the original child support order was established.
A change in circumstances may include:
- A substantial change in either parent's income (upwards or downwards)
- Increased needs of a child
- Medical disability
- The non-custodial parent obtaining health insurance
The court may hold a hearing and the parent or guardian seeking a change in the child support order will have to prove that there was a substantial, non-voluntary change in circumstances.
