Before you can ask the court to change your child support order, you must have had a “change in circumstances” since the date of your last child support order.
Listed below are some examples of possible “changes in circumstances”. Review this list to help decide if you have had a “change in circumstances”.
- You are making less money than you were when child support was last ordered.
- Since the date of your last order you were fired or “laid off” from your job.
- Since the date of your last order you quit your job.
- You are receiving unemployment benefits.
- You cannot work because you are sick or disabled.
- You are receiving Social Security Disability (SSDI).
- You are receiving Supplemental Security Income (SSI).
- You are in jail or prison.
- The child’s other parent is making more money than he or she was making when the child support was last ordered.
- You have had another child since the last child support order and are supporting that child.
- Your child(ren) is/are emancipated. (Under the law, children who reach the age of 18 are presumed to be emancipated. However, this does not mean that your child support obligation ends automatically when a child turns 18. Many 18 year old children will not be considered emancipated because they are not yet able to support themselves or because they are attending college or secondary school. Sometimes the fact that a child under 18 becomes a parent will support a determination that he or she is emancipated. However becoming a parent by is not enough by itself to emancipate a child. Other factors must be present as well. In contrast, in rare circumstances a child younger than 18 may be considered emancipated if he or she is no longer financially dependent upon his or her parents.
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