A motion to modify child support is a process that a parent can use to change child support. It is easier than filing a petition for child support modification, as it is filed by the party seeking the change. The party filing the motion serves the other party, as required by the U.R.C.P. 4 (Uniform Rule of Civil Procedure).
For a modification to occur, the supporting parent must have the ability to pay the amount of child support. It is not enough that the child has an increased need, either. The supporting parent’s income may have decreased and that can also cause a modification. The court will also take into account whether the change was voluntary or not. If it was voluntary, the court will be less likely to decrease the amount of child support.
The first step is to present facts regarding the changes in the parties’ income. A material change in circumstances must have occurred in the time since the order was entered or last amended. The changes must be substantial enough to justify the change in child support. For example, a parent may want to modify child support because he or she has been seeking higher-paying jobs for a while.
The second step is to serve the opposing party. A motion for a modification can be filed any time before a child turns eighteen years old. The opposing party must serve a copy of the filed document through regular first class mail.
