Continuing to provide for shared children is one of the most important aspects of the separation process. In addition to ensuring a solid future for their children, the terms of a support agreement should not unduly burden either parent.
However, there are many reasons that a parent’s financial circumstances could change, from a sudden illness or job loss to the need to relocate or change career paths. When this happens, a support arrangement may no longer reflect financial realities, making it necessary to seek a post-judgment modification of the court’s original payment orders.
What types of support modifications are available?
Either ex-spouse may petition for a child support modification. For example, if the parent making support payments experiences a dramatic income loss or loses a job, he or she may request lower payments.
On the other hand, if the parent who receives payments suffers income loss, the court may increase payment amounts. Additionally, either ex-spouse may request support modifications if the other parent’s gross income has significantly increased.
When can a parent request a modification?
A parent may petition for child support modification when:
- The income of either parent has changed significantly
- The cost of caring for a child or children has changed significantly
In either case, under Connecticut law, the change must be “substantial and continuing.” A financial change is substantial if recalculating childcare costs or the net income of either parent would change the original support award by at least 15%. The state considers a financial change continuing when it may last indefinitely.
Do parents have to petition the court to change a support agreement?
In some cases, ex-spouses can reach an agreement about child support changes on their own. However, it is important to remember that any such arrangement is not enforceable without court approval. This is true even if parents draw up a written and notarized contract.
How soon should a parent make a modification request?
Whether a financial change is sudden or pre-planned, it is important to act quickly when seeking support modification. In many cases, the court can only enact support order changes that are effective after the date of request.
