Child Support

Fact Sheet

Making Changes to Support Orders

Information for Parents Receiving Support

 

If the other parent gets a pay increase, can I get more child support?

Maybe. It depends on the outcome of an administrative review. You can request an administrative review using the correct form called the Request for an Administrative Review of the Support Order. Your worker will request information on income and expenses from both you and the other parent. That information will be put into a state mandated formula. Based on the formula, support for your children could increase or decrease.

It is important to understand that any change in either your income or the absent parent’s income can affect the calculation of support. The state-mandated formula is based on a percentage of both incomes. Also, changes to the amount of support can occur only every three years unless there is a significant change in income. A significant change is a 30% increase or decrease.

Once the process begins it can take up to 90 days to complete. If you or the other parent objects to the recommendation, a hearing officer will review the case. The officer will make a recommendation to the court.

 

If the other parent or I marry, is the income of the new spouse used in calculating support?

No. Only you and the absent parent’s circumstances are used to determine the amount of support.

 

What if the other parent’s income decreases?  Will that affect child support?

Possibly. If a big change in circumstances has occurred, the other parent has the right to ask for an administrative modification hearing. Administrative guidelines define a big change in circumstances as a 30% reduction in income for more than six months. However, the other parent may file a motion directly with the court regardless of Child Support administrative guidelines. The court can recalculate the amount of support the other parent is required to pay. If you want an administrative review hearing, submit your request in writing to your child support worker.

 

Is my child support affected if the other parent loses his/her job?

Child Support Services can issue a withholding order so that child support is deducted from the other parent’s Unemployment Compensation. The amount of money the other parent receives from Unemployment will be less than he/she received while employed. As a result, Child Support Services may not be allowed to deduct the full amount of child support, but the computer will continue to charge the full amount ordered by the court.

 

If the absent parent is hurt on the job, can Child Support Services still collect support?

Yes. If the absent parent is eligible for Workers’ Compensation, Child Support Services can issue a Workers’ Compensation withholding.

 

Will my child support stop if I marry?

No, unless your new spouse legally adopts your child/children.

 

The other parent died. Who will pay support?

Current child support stops on the date of the other parent’s death. However, if that parent owed delinquent child support, it may be collected from the estate. Also, you can file for Social Security death benefits for your children.

 

My child has been adopted. How do I stop support?

Call your Child Support worker and send proof of adoption. Make sure it includes the date of adoption. Child Support Services will take the appropriate action to have the court cancel the child support order. It is important to note that adoption does not stop the other parent’s obligation to pay delinquent child support.

 

The other parent is living with me again. How do I stop support?

Call your Child Support worker or private attorney and ask that a motion to suspend the order be filed with the court. Child Support Services has no authority to stop child support without a court order.