If you want to request a modification of child support, you need to file the motion immediately. Child support modification orders can be retroactive to when you filed. If you are laid off, disabled or otherwise unable to continue to earn the income by which your child support order was calculated, do not wait to file for a modification.
When representing a client seeking a modification of a child support order, I typically start out by contacting the other person or their attorney and requesting that they agree to a modification. If they do, and we agree on what the new child support amount should be, then we can process that fairly quickly, and at minimal cost. If they don’t, and we have to file the motion and appear at an administrative or court hearing, then you might be awarded a judgment against them for your attorney fees.
Child support issues can be complex and technical. The State child support calculator is available online, however it can be confusing to someone who does not regularly have to use it. There are multiple variables that go into the calculation, and how those variables are determined can itself be confusing and technical. There are many legal opinions interpreting the determination of these variables, and their correct application in the child support calculator. You should have an experienced family law attorney to assist you in this process.
