Changing A Child Support Order

This page contains information about changing a child support order both for parents who pay child support and for parents who receive child support.

The information can be used for changing a child support order up or down.

When can the child support order be changed?

The Child Support Guidelines give four situations in which the court can modify a child support order:

1.  The existing order is at least three years old.

2.  Health insurance that had been available at reasonable cost is no longer available or no longer available at reasonable cost.

3.  Health insurance was not previously available at reasonable cost but now is available at reasonable cost.

4.  Any other material change in circumstances has occurred.

Under the fourth situation, where the court modifies or changes a child support order because of a "material change in circumstances,"  "change in circumstances" can include such things as losing a job or getting a job.  A "material" change is one that is important or meaningful.  It has a significant effect on the amount of child support for a period of time that is not short term or temporary. 

When parents who pay child support lose their jobs and their incomes are reduced as a result, they can ask the court to reduce or suspend their child support order. Whether the court will actually reduce the child support order will depend on the specific circumstances under which the job was lost and under which the income was reduced.

For example, if you lose your job because you were fired for cause or if your period of unemployment or reduced employment can be expected to be short, the court might be less likely to reduce the child support order.

If you lose your job because of a lay off or because you have become disabled or suffered an injury that will result in your period of unemployment or reduced employment being more long term, the court might be more likely to reduce the child support order.

In order for the court to reduce or suspend a child support order following a job loss, you must file a Complaint for Modification, that is, a complaint to modify the child support order.

An order reducing or suspending a child support order cannot go back further than the date on which you gave notice to the other parent of the Complaint for Modification. The order does not date back to the date you lost your job.

When parents who receive child support lose their jobs or when  payors of child support get significantly better paying jobs or go back to work, the court can look at the situation to decide whether to increase the child support order, just as it does in deciding to reduce a child support order when the payor of child support loses his or her job, as described above.

What if the supporting parent goes on welfare?

If you go on welfare (public assistance such as TAFDC, EAEDC, SSI), the court will probably reduce your child support payments. The Massachusetts Child Support Guidelines say that the minimum child support order, if your income is less than $100 per week, is $80 per month.  The court should make a minimum order of $80 per month, but it can make a higher or lower order in this situation if it is fair and appropriate to do so.

 

What can parents do about the child support order if they reconcile (gets back together)?

Having a child support order when the parents live together is extremely unusual. When the parents have lived apart and there is a child support order in effect, if the parents then live together, with the children, a complaint to modify the child support order by terminating it should be successful, particularly if both parents agree that they are reconciled and that the child support order should end. Reconciliation is likely to be viewed by the court as the sort of  “material change in circumstances” where a modification is appropriate. The Child Support Guidelines which are used to determine the amount of child support orders do not apply to situations where the parents and children all live together. An order terminating a child support order cannot go back further than the date on which you gave notice to the other parent of the Complaint for Modification. The order does not date back to the date you and the other parent reconciled. Child support arrears that accumulate during the period between the reconciliation and the date of giving notice of the Complaint for Modification would continue to be collectable by the Department of Revenue Child Support Enforcement Division.

If you and the other parent want the Department of Revenue Child Support Enforcement Division to help you get a court order terminating the child support read Modify Your Court Order. On the website you can get a copy of the form for requesting a review along with instructions for filling out the form. You can also get this information by calling DOR/CSED's Customer Service line, 1-800-332-2733.

As of September 1, 2003, parents can file a Joint Petition for Modification of a Child Support Judgment.The Probate and Family Court website also has instructions for filling out this form.