How Do I Request Child Support Modification?

Requesting a change to child support can feel daunting, especially if the other parent opposes the adjustment. Having a knowledgeable family lawyer on your side can make all the difference when petitioning for a child support modification in Idaho.

You can submit a motion to the county court clerk asking to modify child support in Idaho. The court will approve an adjustment if the parent seeking the change can demonstrate that a major and relevant change in financial situation warrants it.

Gravis Law is an accomplished Boise family law firm with extensive experience filing child support modification motions for clients. Continue reading to learn more about what's needed to file a successful child support change request in Idaho.

Substantial and Material Changes Supporting a Child Support Modification Request

According to Idaho law, a substantial and material change is a phrase widely used to indicate a significant alteration affecting one or both parents, justifying a change to the current child support order.

Most requests for modifications to a child support order are tied to income and can include:

  1. a 10% or more increase in the income of either parent
  2. an involuntary decrease of 10% or more in the income of either parent
  3. an unintentional job loss for either parent

Significant modifications to child support may be justified if one parent gets married again, relocates to a different state, or is incarcerated. Other factors potentially warranting an adjustment include a major rise in childcare costs like medical bills, schooling fees, inflationary impacts, or age-related expenditures. The core meaning is that substantial life changes for the parents or children can necessitate revising child support to reflect new circumstances while still meeting the child's needs.

Next Steps After Filing a Child Support Modification in Idaho

If your current situation justifies filing a request to change your child support payments, you can do so by submitting the paperwork to the clerk's office at your local county courthouse. Once submitted, both parents must go to court to present arguments for and against the proposed child support change.

If both parents agree to the requested change in child support, you may not need to appear before a judge. Instead, you can provide the judge with an agreement signed by both parties for approval.

Please note that judges can only alter child support payments starting from the date the request was filed. If approved, your new child support order and payment amount takes effect as of the filing date.

Idaho makes it straightforward for child support payers to request a change in payments. However, child support often leads to disputes in family law. Making sure your request is filed correctly, you meet the substantial change requirements, and handling any opposition from the other parent can be challenging for a parent. Getting help from an experienced family law attorney in Boise is vital for the success of your request.

Gravis Law is dedicated to ensuring you are treated fairly during the child support change process and helping relieve the stress of these cases. If you think major changes in your or the other parent's finances warrant adjusting your payments, contact Gravis Law. We can advise you on your options and assist you in achieving the best outcome possible.