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How Do I Ask for a Change in my Child Support Obligation?

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Requesting a child support modification can be nerve-wracking, especially if the other parent objects. If you need to change your child support order in Idaho, seek legal advice from a family lawyer at your side to make all the difference.

In Idaho, you can ask for a change in child support by filing a motion with the county court clerk. If one parent can show that there has been a significant and material change in financial circumstances, the court may order a reduction or increase in child support payments.

Evidence of Significant and Material Changes Necessary for Child Support Modification

A change in circumstances that significantly impacts one or both parents and warrants a review of the current child support arrangement is considered “substantial and material” under Idaho law.

Most petitions to change a child support order center on changes to the payor’s financial circumstances.

  • a rise of 10% or more in one parent’s income
  • a 10% or greater drop in one parent’s income;
  • the loss of a parent’s job through no fault of his or her own

Other significant life events that call for a review and possible child support modification include a parent’s remarriage, relocation to another state, or incarceration. Considerations may also include a considerable rise in the cost of childcare due to factors such as rising healthcare and education prices, inflation, or the cost of caring for an aging population.

What to Do Next When Trying to Change Your Child Support in Idaho?

The procedure for filing a motion to modify child support, as described above, is handled by the county court clerk’s office. After filing a motion to modify child support, both parents must appear in court to present their case.

You can avoid court appearances on the child support adjustment issue if both parents are in agreement. Instead, ask the judge to sign off on a written agreement signed by both parties.

It is important to remember that judges can only change child support payments that have occurred after the motion was filed. If approved by the court, your new child support order and payment amount will go into effect as of the date you filed your motion to modify.

Filing a motion to modify child support in Idaho is straightforward for the paying parent. Nonetheless, child support is a highly debated topic in family law. It might be challenging for a parent to make a motion, prove that a change is substantial and material, and overcome any opposition from the other party.

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