Recent Blog Posts in September 2009

The court that makes the original child support award is said to have continuing jurisdiction to modify the order as conditions warrant. Provisions regarding child support, visitation and custody within a Settlement Agreement are also subject to court modification under certain circumstances. That being so, either parent may request the court to change the order throughout the duration of the child's minority. Modifications will not happen automatically. One of the parents must request the change by a formal motion to the court. 

Child support orders cannot be changed on caprice or because a court thinks that "it is time." It must be based on evidence proving that sufficient grounds exist to make the change. This usually requires a showing of changed circumstances from the facts as they existed at the time that the last order was entered. (In the many years a child support order remains effective, the parent's circumstances may change many times and thus so may the child support order.)  In Pennsylvania, appropriate circumstances means a substantial change in income. Please note that past child support obligations cannot be modified. Modifications are not retroactive. Thus, if there is a change in circumstances it is very important that the affected party petition for a change in child support as soon as the substantial change has occurred. 

Many different scenarios can create changed circumstances. For example, if the paying parent has had a large increase in income, the court can order the child support increased. Or, if the child's needs grow, such as if the child becomes ill or disabled, the amount of support can be ordered raised.

Support can also be reduced upon a proper showing. For example, if the custodial parent receives a substantial raise or otherwise has an increased ability to support the children, support payments may be reduced. Or, if the paying parent loses his or her job, the court can be asked to reduce support during the period of unemployment.