How to change a child support order

When you can ask for a new amount, and how.

To modify a child support order means to change the amount with a new order. Life changes: a parent loses a job, gets a raise, has another child, or the children move. The law gives both parents a way to ask for a new amount. This guide explains when you can ask, how to ask, and why you should not wait.

Ask early: changes don't go back in time

Each payment of support becomes a judgment on the day it is due, and states can't lower it later. A change can count only from the date the other parent got notice of your request (42 U.S.C. 666(a)(9)). So if your income dropped in March and you ask in September, the old amount for March to September is still owed. Until a new order is made, the current order stays in effect.

The 3-year review

If your case is with the child support agency, federal law gives you a review. Every 3 years, at the request of either parent, the agency must review the order and, if appropriate, adjust it to the guidelines (42 U.S.C. 666(a)(10)(A); 45 CFR 303.8). You don't have to prove a change for this review. The agency must also tell parents at least once every 3 years that they can ask for one (42 U.S.C. 666(a)(10)(C)).

Sooner than 3 years

Before the 3 years are up, the agency adjusts the order only if the parent who asks shows a substantial change in circumstances (42 U.S.C. 666(a)(10)(B)). Each state defines what counts. Some use a test, such as a difference of a certain percentage between the old amount and the new guideline amount. Examples from our state guides:

  • Texas: The court can change support if circumstances of the child or a person affected by the order have materially and substantially changed since the order, or if it has been 3 years since the order was made or last changed and the amount differs by 20% or $100 from what the guidelines would give.
  • New York: The court can modify an order when there is a substantial change in circumstances. Unless the parents opted out in a written agreement, the court can also modify when 3 years have passed since the order was entered or last changed, or when either parent's gross income has changed by 15% or more.
  • Florida: The change must usually be substantial, permanent and involuntary. In court, the guideline amount must differ from the current order by at least 15% or $50, whichever is greater.
  • Alaska: A material change of circumstances is presumed if support figured under Rule 90.3 today is more than 15% higher or lower than the current order.
  • Wisconsin: Only a court can change an order. The child support agency will review an order if a parent asks and it has not been reviewed in 3 years.
  • California: When circumstances change, such as a big rise or drop in either parent's income or a change in custody or parenting time.

Your state's exact rule is on your state's page, with the law it comes from. Compare it with your situation using the "Can I ask for a change?" helper there.

Jail or prison

State guidelines may not treat time in jail or prison as choosing not to work when support is set or changed (45 CFR 302.56(c)(3)).

Two ways to ask

Through the agency. Ask for a review in writing. The free letter below asks the agency to review the order and adjust it under your state's guidelines, lists your reasons, and asks for the forms and the list of documents it needs. Many agencies also have an online review request; your state page links it where our data has it.

Through the court. You can file a motion or petition to modify in the court that made the order. Court forms differ by state, and your state page links the official ones. If the other parent agrees to a new amount, a written agreement usually still has to be approved by a judge or the agency before it becomes the order.

What to gather

Bring proof of what changed: recent pay stubs, last year's tax return, a layoff or termination letter, proof of new child care or health insurance costs, or the parenting schedule if the children's time with each parent changed. The guidelines use both parents' income in most states, so the agency may ask the other parent for papers too.

What happens next

The agency or the court figures the guideline amount with the new facts. If it differs enough from the current order under your state's rule, a new order is made. If you get a notice or a hearing date, read it and go. Keep paying the current amount while you wait; past-due support can't be lowered later.

Step by step

  1. Find your order and note when it was made or last changed.
  2. Check your state's rule for a change on your state's page.
  3. Gather proof of the change.
  4. Send the review letter below to the agency, or file a motion with the court.
  5. Keep paying, keep copies, and go to every appointment or hearing.

This is general information, not legal advice. A legal aid office can help for free; each state page lists free help.

Free letter: ask the agency to review your order

Ask your state's child support agency in writing to review your order and adjust it under the state's guidelines. Fill it in, then download it. Keep paying the current amount until a new order is made.

Filled in from your state. Add the local office if you have one.

Required when you mail it.

Why are you asking for a review? (optional)

It goes into the letter as you type it. You can add a ready-made sentence:

Other formats

Sign the letter and keep a copy. If you mail it, certified mail with a return receipt lets you prove when it arrived. Online, save a screenshot of what you sent.