This is not a substitute for legal advice.  An attorney must be consulted.

"This work is protected under the copyright laws of the United States.  No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner.  Copyright © 1994 - 2015 by LAWCHEK, LTD."

 BACK TO QUESTIONS & ANSWERS

Can child support/alimony be modified?

At any time after the judgment of dissolution, the court upon motion of either party may modify the spousal maintenance or child support provisions.  Generally, modification may be granted only where there has been a substantial material change in circumstances occurring subsequent to the original court order.  The change usually must be more or less permanent rather than temporary.  With respect to child support, a material change of circumstances will be presumed by the court if support as calculated by the guidelines is an appropriate or significant amount. Each state has some particular concerns and requirements; therefore, an attorney in your particular state should be consulted. 

Please see specific state for details and/or differences.


ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA 
 GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND 
 MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA 
 NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO 
 OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE 
 TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
  A prior child support award may be modified only on proof of changed circumstances, and the burden is on the party seeking the modification. The moving party must show a substantial and continuing material change of circumstances.  Alabama Code 30-3-1.
  The child support guidelines shall be used by the parties as the basis for periodic updates of child support obligations. There shall be a rebuttal presumption that child support should be modified when the difference between the existing child support award and the amount determined by application of the guidelines varies more that 10%, unless the variation is due to the fact that the existing child support award resulted from a rebuttal of the guidelines and there has been no change in the circumstances that resulted in that rebuttal of the guidelines.
Rule 32, Alabama Rules of Judicial Administration.
  The alimony provisions in a divorce decree can be modified upon the showing of a material change in circumstances. The focus is on whether there has been a material change in the financial or economic needs of the payee spouse and the ability of the payor spouse to respond to those needs.  Alabama Code 30-2-51.
  If a spouse who is receiving alimony remarries or is living openly or cohabiting with a member of the opposite sex, the court shall modify a divorce decree to terminate alimony.
Alabama Code 30-2-55.

ALASKA
  At any time after the Judgment of Dissolution, the court, upon motion of either party, may modify the spousal maintenance or child support provisions. Generally, modification may be granted only where there has been a substantial material change in circumstances occurring subsequent to the original court order. The change usually must be more or less permanent rather than temporary. With respect to child support, a material change of circumstances will be presumed by the court if support as calculated by the guidelines is more than 15% greater or less than the prior support order.  AS 25.24.170 and Rule 90.3, Alaska Rules of Court.

ARIZONA
  The child support and spousal maintenance provisions of a Decree of Dissolution may be modified only as to installments accruing subsequent to notice of the Motion for Modification to the opposing party and only upon a showing of changed circumstances which are substantial and continuing. The provisions in a Decree for Property Disposition may not be revoked or modified unless the court finds existence of conditions that justify the reopening of a judgment under the laws of Arizona.
  Unless otherwise agreed in writing or expressly provided in the Decree, the obligation to pay future spousal maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.
  Unless otherwise agreed in writing or expressly provided in the Decree, provisions for the support of a minor child are not terminated by the death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of future support may be modified, revoked or commuted to a lump sum payment to the extent just and appropriate in the circumstances.  ARS §25-327.

ARKANSAS
  The alimony and child support provisions of a divorce decree are always subject to modification, by application of either party, upon a showing of a change in circumstances. With respect to child support, the court may not modify the provisions in the decree prior to the filing of a motion for modifications. However, the court may offset against future support to be paid with those amounts accruing during time periods, other than reasonable visitation, in which the non-custodial parent had physical custody of the child with the knowledge and consent of the custodial parent.  Ark. stat. Ann. 9-12-314.

CALIFORNIA
  A child support or spousal support order may be modified or terminated at any time as the court determines to be necessary. This applies whether or not the support order is based upon an agreement between the parties. An order for spousal support may not be modified or terminated to the extent that a written agreement, or an oral agreement in open court between the parties, specifically provides that the spousal support is not subject to modification or termination. The primary issue is whether there has been a substantial change in circumstances since the decree or last court order.  Cal. Fam. Code §3651.
  California law provides for inexpensive discovery of facts before asking the court to modify or terminate an order for child support or spousal support. At any time following a judgment of dissolution of marriage, either party, without leave of court, may serve a request for the production of a completed current income and expense declaration in the form suggested by the Family Law Rules. This simplified request for discovery may be undertaken not more frequently than once every 12 months, unless there is a pending motion for modification. A copy of the prior year’s tax returns shall be attached to the income and expense declaration of each party.
Cal. Fam. Code §3660-3668.
  In determining a motion for modification of child support, the court shall not consider the income of the obligor parent’s subsequent spouse or non-marital partner, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award. An extraordinary case may include a parent voluntarily or intentionally quitting work or reducing income.
Cal. Fam. Code §4057.5
  In the case of a motion for modification of an award of spousal support, there is a rebuttable presumption of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. The income of a supporting spouse’s subsequent spouse or non-marital partner shall not be considered when modifying spousal support.
Cal. Fam. Code §4323.

COLORADO
  The spousal maintenance provisions of a decree may be modified upon a showing of changed circumstances so substantial and continuing as to make the terms unfair. The child support provisions of a decree may be modified only upon a showing of changed circumstances that are substantial and continuing or on the ground that the order does not contain a provision regarding medical support, such as insurance coverage, payment for medical insurance deductibles and co-payments, or un-reimbursed medical expenses. The provisions as to property disposition may not be revoked or modified unless the court finds the existence of conditions that justify the reopening of a judgment.
  If spousal maintenance or child support is modified by the court after the decree, the modification should be effective as of the date of the filing of the motion by the requesting party, unless the court finds that it would cause undue hardship or substantial injustice. In no instance shall the modification be retroactive prior to the date of filing.
  Colorado law provides for a simplified procedure to modify a child support order when both parties agree to the modification and do not require a court hearing. When a voluntary change of physical custody occurs, the provisions for child support will be modified as of the date when physical custody was changed. When there is a voluntary change of physical custody, the parties are encouraged to use the statutory provision for updating and modifying a child support order without a court hearing.
CRSA §14-10-122 and 14-10-115(3)(b).

CONNECTICUT
  Unless the decree precludes modification, the court may modify any order for alimony or child support upon a showing of a substantial change in the circumstances of either party. The current child support guidelines can be considered unless there was a specific finding in the decree that the application of the guidelines would be inequitable or inappropriate. There shall be a rebuttable presumption that there is a substantial change of circumstances if application of the child support guidelines would result in increasing child support by 15% or more.
  The court may modify the award of alimony in a decree and suspend, reduce, or terminate the payment of alimony upon a showing that the party receiving the alimony is living with another person under circumstances which the court finds should result in modification because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.  C.G.S.A §46b-86.

DELAWARE
  The child support and alimony provisions of a decree may be modified or terminated upon a showing of real and substantial change of circumstances. Unless the parties agree otherwise in writing, the obligation to pay future alimony is terminated upon the death of either party or the remarriage or cohabitation of the party receiving alimony. Cohabitation means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation. A party receiving alimony shall promptly notify the other party of his or her remarriage or cohabitation.
13 DCA §1512 and 1519.

FLORIDA
  The court retains jurisdiction to make orders, as equity requires, to decrease, increase, or confirm the amount of child support or alimony provided for in the judgment or prior court order. The primary issue is whether there is a substantial change in the circumstances of the parties. Application of the child support guidelines may provide the basis for proving a substantial change in circumstances. However, the difference between the existing child support order and the amount required by the guidelines must be at least 15% or $50, whichever amount is greater, before the court may find a substantial change in circumstances.
FSA Stat. §61.14 and 61.30.

GEORGIA
  The alimony provisions in a Decree shall be subject to modification upon a Petition filed by either spouse showing a change in the income and financial status of either former spouse. No Petition for Modification may be filed by either former spouse within a period of two years from the date of the final order on a previous Petition by the same former spouse. After hearing both parties and the evidence, the jury, or the judge if a jury is not demanded by either party, may modify and revise the previous judgment in accordance with the changed income and financial status of either party. The voluntary cohabitation of a former spouse with a third party shall be grounds to modify the provisions for periodic payments of permanent alimony for the support of that spouse.
  The child support provisions of the divorce decree or prior court order shall be subject to modification upon Petition filed by either former spouse showing a change in the income and financial status of either former spouse or in the needs of the children. No Petition may be filed by either former spouse within a period of two years from the date of the final order on a previous Petition by the same former spouse. After hearing both parties and the evidence, the jury, or the court where a jury is not demanded by either party, may modify the previous judgment in accordance with the changed income and financial status of either former spouse or in the needs of the children. Child support may be modified pursuant to the child support guidelines only after the Petitioner first makes a showing that there has been a significant change of material circumstances since the time of the decree or prior order.
GC §19-6-15 and 19-6-19.

HAWAII
  The court may modify child support orders upon a showing of a change in the circumstances of either party or any child since the entry of any prior decree or order for support. The establishment of the Child Support Guidelines or the adoption of any substantive modifications to the guidelines may constitute a change in circumstances sufficient to permit review of the support order. The most current guidelines shall be used to calculate the amount of the child support obligation. The court may refer the issue of child support modification to the court trustee for investigation. The trustee may then investigate all matters pertinent to the determination of changed circumstances and a suitable child support award and shall submit findings and recommendations to the court. The investigation by the trustee is an available remedy for every order of child support or alimony which provides for payments to be made through the court.
HRS §571-52.1, 576D-7, and 580-47.
  The court may modify the maintenance provisions of a decree or order at any time upon a showing of a change in the circumstances of either party since the entry of any prior decree or order for maintenance. The fact that the moving party may be in default or arrears shall not necessarily constitute a bar to the granting of a hearing of that party’s motion for modification. Unless otherwise provided in the final decree or order, remarriage of the party receiving maintenance terminates maintenance. The remarried party shall file a notice of the remarriage with the court within thirty days of such remarriage and send a copy of the notice to the party paying maintenance. The failure to file a notice of remarriage shall be considered by the court in awarding attorney fees and costs in any subsequent proceeding.  HRS §580-47 and 580-51.

IDAHO
  The maintenance and child support provisions of a Decree may be modified only as to installments accruing subsequent to the Motion for Modification and only upon a showing of a substantial and material change of circumstances. In the case of child support modification, the amount of child support calculated pursuant to the Idaho Child Support Guidelines may, but not necessarily shall, constitute a substantial and material change of circumstances. A child support order may be modified to provide for health insurance for the minor children, if not provided in the prior Order or Decree.  IC §32-709; and Section 5, Idaho Child Support Guidelines, Rule 6(c) (6), Idaho Rules of Civil Procedure.

ILLINOIS
  The maintenance or child support provisions of a judgment may be modified upon a showing of a substantial change in circumstances. Child support may be modified without the necessity of showing a substantial change in circumstances if there is a change of at least 20% between the amount of the existing order and the amount of child support which would result from application of the child support guidelines.  750 ILCS 5/510.

INDIANA
  Provisions of an order or decree for child support or maintenance may be modified or revoked. Modification shall be made only: 1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or 2) upon a showing that the existing child support order differs by more than 20% from the amount that would be ordered by applying the child support guidelines, and the existing order was issued at least 12 months before the modification petition was filed.  
AIC §31-1-11.5-17.

IOWA
  The court may modify child support and spousal support orders when there is a substantial change in circumstances. In determining whether there is a substantial change in circumstances, the court shall consider the following factors: 1) changes in the employment, earning capacity, income or resources of a party; 2) receipt by a party of an inheritance, pension or gift; 3) changes in the medical expenses of a party; 4) changes in the number or needs of dependents; 5) changes in the physical, mental, or emotional health of a party; 6) changes in the residence of a party; 7) remarriage of a party; 8) the possible support of a party by another person; 9) changes in the needs of a party whose support is governed by the order; 10) contempt by a party of existing court orders; 11) other factors the court determines to be relevant in an individual case. Regardless of these factors, the court will find that a substantial change of circumstances exists with respect to a child support order when the child support varies by 10% or more from the amount which would be due pursuant to the most current child support guidelines. Also, a substantial change of circumstances will exist if the obligor has access to a health benefit plan, the current order for support requires medical support, and the children are not covered by a health benefit plan provided by the custodial parent.
ICA Section 598.21.

KANSAS
  The court may modify the child support provisions of a decree or order when there has been a material change in circumstances. Modification may be made retroactive to a date at least one month after the date that the motion to modify was filed by the court. Any of the following circumstances may constitute a material change of circumstance to allow the court to modify an existing support order: 1) a change in the financial circumstances of the parents or the guidelines which would increase or decrease by ten percent or more the child support calculated pursuant to the guidelines; an increase in the custodial parent’s gross income is not a material change of circumstances for the purpose of increasing the child support obligation; 2) the seventh and sixteenth birthdays of the child; 3) emancipation of a child; 4) a party’s failure to comply with the conditions of a court ordered adjustment to child support, for example, a party’s failure to exercise visitation rights or a party’s failure to obtain private schooling for the children if that was the basis for the court’s award.
KSA §60-160(a) and Kansas Child Support Guidelines.
  A change of the residence of a child to another state or removal of a child from Kansas for a period of time exceeding 90 days may be considered a material change of circumstances which would justify modification of a child support order.  KSA §60-1620(c)
  The maintenance provision of a decree may be modified upon a showing of a material change of circumstances. The court may make a modification of maintenance retroactive to a date at least one month after the date that the motion to modify was filed with the court. The court may modify the amounts or other conditions for the payment of any portion of the maintenance which was originally awarded in the decree but has not already become due. However, no modification under such circumstances shall be made without the consent of the party liable for the maintenance if it has the effect of increasing or accelerating the liability for the unpaid maintenance beyond what was ordered in the original decree.
KSA §60-1610(b).

KENTUCKY
  Unless the parties have precluded or limited modification of maintenance by the terms of their separation agreement, the maintenance provisions of a decree may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.
K.R.S. §403.250.
  The child support provisions of a dissolution decree may be modified only upon a showing of material change in circumstances that is substantial and continuing. The Kentucky child support guidelines may be used as evidence of a material change in circumstances. If application of the guidelines results in a 15% or more change in the amount of child support, it shall be rebuttably presumed to be a material change in circumstances. Application of the guidelines which results in less than a 15% change in the amount of support shall be rebuttably presumed to not be a material change in circumstances.  K.R.S. §403.213.

LOUISIANA
  An award of child support may be modified if the circumstances of the child or of either parent change. An award of child support shall be terminated upon proof that it has become unnecessary. A voluntary reduction of income by the paying spouse, or other voluntary act, does not constitute a change of circumstances.  CC Art. 142.
  An award of periodic payments of alimony may be modified or even terminated if there have been substantial changed circumstances since the decree. Periodic alimony shall be terminated if the recipient spouse remarries or enters into open concubinage, which means openly in a relationship of cohabitation or quasi-marital relations. An award of lump sum alimony, whether payable in one payment or in installments, is not subject to modification and does not terminate upon the recipient’s remarriage or entering into open concubinage, and does not terminate upon either spouse’s death.  CC Art. 112.
  If the Department of Social Services is providing support enforcement services, a change in circumstances exists if application of the child support guidelines results in at least a 25% change in the existing child support award.  RS 9:311.

MAINE
  The child support provisions of a decree or existing support order may be modified by showing of a substantial change of circumstances since the time of the decree or order. If application of the child support guidelines varies from the prior support amount by more than 15%, the court shall consider the variation a substantial change of circumstances. Maine law provides for an expedited procedure for modification of child support orders. The party seeking modification must serve on the other party a written motion for modification, a notice that the court may enter an order without a hearing if the party does not request a hearing, a notice that Maine law requires mediation prior to any hearing, the Income Affidavit of the moving party, and a proposed order which incorporates the child support worksheet and the amount of support from the guidelines. The other party must request a hearing within 30 days after being served with the motion for modification and the supporting affidavit, worksheet, and other documentation. If a party requests a hearing, the motion must be referred for mediation prior to the court hearing. If a party does not request a hearing within 30 days after service, the court may enter an order modifying support without a court hearing using the proposed order, provided that the proposed modified support obligation is equal to or greater than the amount which results from application of the guidelines. If a downward deviation is proposed, the court shall hold a hearing prior to entering an order.  19 MRSA §319.
  The alimony provisions of a decree may be altered by the court at any time when it appears that it is required by justice. However, a court shall not increase alimony if the original decree prohibits an increase. In making an alteration to the alimony award, the court shall consider the factors which are required to be considered at the time of an original award of alimony.  19 MRSA §721.

MARYLAND
  The child support and alimony provisions in a decree can be modified upon a showing of material changes in the circumstances since the entry of the decree. The amount of child support calculated by reference to the Child Support Guidelines may not be grounds for requesting a modification of a Child Support Award, unless the use of the guidelines would result in a change in the award of 25% or more, in which case it will constitute a material change in circumstances.  ACM §12-202
  The court may modify any provisions in a decree with respect to alimony, unless there is: 1) an express waiver of alimony, or 2) a provision that specifically states that the provisions with respect to alimony are not subject to any court modification.  ACM §8-103.
  Subject to ACM 8-103, the court may extend the period for which alimony is awarded if: 1) circumstances arise during the period that would lead to a harsh and inequitable result without an extension; and 2) the recipient requests an extension of alimony during the period of the award. Subject to ACM 8-103, the court may modify the amount of alimony awarded as circumstances and justice require.  ACM §11-107.
  Unless the parties agree otherwise, alimony terminates: 1) on the death of either party; 2) on the marriage of the recipient; or 3) if the court finds that termination is necessary to avoid a harsh and inequitable result.
ACM §11-108.

MASSACHUSETTS
  The child support provisions of a decree or prior order can be modified if the court finds that a material and substantial change in circumstances of the parties has occurred, and the modification is necessary for the best interest of the children. The child support provision in a decree or a prior order shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines. The child support provision of a decree or order can also be modified if necessary to provide for the health care coverage for the child, which shall be modified whether or not a modification in the amount of child support is necessary.  ALM 208 §28.
  The alimony provisions in a decree can be modified by the court at any time. The court may consider the same circumstances which it considered at the time of the divorce and can make any decision with respect to alimony which it might have made in the original decree. ALM 208 §37.

MICHIGAN
  The child support and maintenance provisions of a decree can be modified by the court, at the request of either party, upon a showing of substantial changes in the circumstances. With respect to child support, if there have been substantial changes in the circumstances, the court shall then order support in an amount determined by application of the child support formula, unless it is appropriate to deviate from the formula because the application would be unjust or inappropriate under the facts of the case.
  With respect to alimony, the court has the ability to modify or terminate permanent alimony upon a showing of substantial changes in circumstances, so long as the alimony awarded originally was in the form of period payments instead of a lump sum payment. The primary issue in a modification request is whether there have been substantial changes in circumstances since the entry of the last order for maintenance or child support.  MCLA §552.17 and §552.28.

MINNESOTA
  The child support and spousal maintenance provisions in a Decree can be modified upon a showing of one or more of the following: 1) substantially increased or decreased earnings of a party; 2) substantially increased or decreased need of a party or the children; 3) receipt of public assistance; 4) a change in the cost of living for either party which makes the terms unreasonable and unfair; 5) extraordinary medical expenses of the child not provided for in the Decree; or 6) the addition of work-related or education-related child care expenses or a substantial increase or decrease in such child care expenses. Minn. Stat. §518.64.
  The custodial parent may move the residence of children to another state if the non-custodial parent agrees or if the court allows it. Based on recent decisions by the Minnesota Supreme Court, the court will generally presume that removal out of state by the custodial parent is in the best interest of the child, and, therefore, the court will grant permission to move unless the non-custodial parent proves by a preponderance of the evidence that moving out of state is not in the best interest of the child.
Minn. Stat. §518.175.

MISSISSIPPI
  The child support provisions in a decree or order may be modified upon a showing of a material change of circumstances of one or more of the parties - either parent or the child - which has arisen subsequent to the decree or last court order.  MC 93-11-65.
  The alimony provision in a decree can be modified upon a showing of a material change of circumstances which occurred subsequent to the decree. However, periodic payments of alimony can be modified whereas lump sum alimony cannot be modified. Periodic payments of alimony terminate automatically upon the death of the obligor or upon the remarriage of the obligee, the party receiving alimony. Periodic alimony can be modified in the event of a material change in circumstances which occurred subsequent to the decree which awarded alimony. In contrast, lump sum alimony is an order by the court for lump sum payments, either in a single lump sum or in fixed periodic installments. Lump sum alimony represents a final settlement between the parties and may not be changed or modified by either party subsequent to the decree, absent fraud or some other basis for reopening the Judgment and Decree.  MC 93-5-23.

MISSOURI
  The maintenance and child support provisions of a decree may be modified upon only a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. In determining whether or not a substantial change in circumstances has occurred, the court shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are or should be shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who may not be employed. If the application of the child support guidelines would result in a change of child support by 20% or more, then there is a rebuttable presumption that there is a change of circumstances so substantial and continuing as to make the present terms of support unreasonable. When a party seeking modification of child support has proved changed circumstances so substantial and continuing as to make the terms unreasonable, then future child support shall be determined according to the child support guidelines.
  If a maintenance order includes a termination date, the court may modify maintenance based upon a substantial and continuing change of circumstances which occurred prior to the termination date. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance. VAMS §452.370 and §452.335.

MONTANA
  Provisions of the decree regarding maintenance and support may only be modified upon a showing of changed circumstances so substantial and continuing as to make the terms uncountable. A modification may not be made within 12 months after the establishment of the Order or the most recent modification. The nonexistence of a medical support order justifies an immediate modification of child support in order to provide for the actual or anticipated costs of the child’s medical care.
  Unless otherwise agreed to in writing or expressly provided in the decree, the obligation to pay maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.
MCA 40-4-208.

NEBRASKA
  The alimony provisions in a decree may be modified or revoked upon a showing of good cause, which means a material and substantial change in circumstances. Good cause depends upon the circumstances of each case. In order to request modification of alimony, the petitioning party must be current in alimony accrued prior to the date of service of the motion. Except as otherwise agreed by the parties in writing or by order of the court, alimony orders shall terminate upon the death of either party, or the remarriage of the recipient.  Reissued Revised Statutes 42-365.
  Child support provisions in a decree may be modified upon a showing of a material change of circumstances. Application of the Child Support Guidelines can be used to prove a material change. If application of the guidelines results in a variation in the amount of child support by 10% or more, due to financial circumstances which have lasted at least six months and can reasonably be expected to last for an additional six months, it is presumed that there has been a material change of circumstances. Reissued Revised Statutes 42-364 and Nebraska Child Support Guidelines, Rules of Practice and Procedure in the Nebraska Supreme Court.

NEVADA
  The child support provisions of a divorce decree or other court order may be reviewed at any time on the basis of changed circumstances. A child support order must be reviewed by the court at least every three years to determine whether the order should be modified or adjusted. If the court determines that modification is appropriate, the court shall enter an order modifying the previous order for support. Any review of a support order must utilize the Nevada child support formula. Review of a child support order may be requested by either parent or by the welfare division of the Department of Human Resources or by the District Attorney.
NRS 125B.145.
  The alimony provisions of a decree may be modified upon a showing of changed circumstances. If the decree provides for specified periodic payments of alimony, accrued payments cannot be modified. Payments which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In determining whether to modify alimony, the court shall consider whether the income of the payor spouse, as shown by that spouse’s tax return for the prior year, has been reduced to such a level that the spouse is financially unable to pay the current award of alimony.  NRS 125.150.7.

NEW HAMPSHIRE
  The child support provisions of the divorce decree or order may be modified by the court upon a showing of substantial change of circumstances. However, either party may apply to the court for modification of child support three years after the entry of the last support order, without having to show a substantial change of circumstances.
RSA 458-C:7.
  The alimony provisions of a decree may be modified by the court whenever modification would be just and equitable. Upon the renewal, modification, or extension of a prior order for alimony, the court may order alimony to be paid for such length of time as the parties may agree or the court orders. The court may consider all the factors which it could have considered at the time of the initial determination of an alimony award. In any proceeding for modification of an existing alimony order, the income of the obligor’s current spouse shall not be considered a source of income for the purpose of modification, unless the obligor resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of the subsequent spouse may be imputed to the obligor only to the extent that such obligor could have earned income in his usual employment. The unanticipated consequences of changes and federal tax laws may be grounds to modify any alimony order or agreement.
RSA 458:14 and 458:19.

NEW JERSEY
  An award of rehabilitative alimony may be modified based either upon changed circumstances or upon the non-occurrence of circumstances that the court found would occur at the time of the award. The court may also modify permanent alimony awards, based upon a showing of changed circumstances. Remarriage of the recipient spouse terminates an award of permanent alimony, except that any arrearages that have accrued prior to the date of remarriage shall not be vacated. The remarriage of a former spouse receiving rehabilitative alimony shall not be a cause for termination of the rehabilitative alimony unless the court finds a change of circumstances or the nonoccurrence of circumstances upon which the award was based.  NJSA 2A:34-23 and 34-25.
  When a motion is brought for modification of a prior order or judgment for child support or alimony, a copy of the prior order or decree sought to be modified shall be attached to an Affidavit filed in support of the motion. Also, the party shall attach to a supporting Affidavit a copy of the Case Information Statement filed by the party at the time the prior order or decree was entered. The party shall also provide a current Case Information Statement, which provides information about income, expenses, assets, and liabilities of the party.  Rule 5:5-4, New Jersey Rules of Court.
  The child support provisions of a decree or child support order can be modified upon a showing of changed circumstances. Before the child support guidelines can be used to modify the amount of child support in a prior order, the court must first determine whether there are changed circumstances which would justify a change in the existing child support order. Once the court determines that circumstances have changed sufficiently to justify any change, then the court shall apply the guidelines to determine the amount of appropriate child support.
NJSA 2A:34-23 and Rule 5:6A, New Jersey Rules of Court, and New Jersey Child Support Guidelines.

NEW MEXICO
  A child support obligation can be modified upon a showing of material and substantial changes in circumstances subsequent to the adjudication of the existing order. There shall be a presumption of a material and substantial change in circumstances if application of the child support guidelines results in a deviation upward or downward of more than 20% of the existing child support order, and the Petition for modification is filed more than one year after the filing of the existing child support order. Where child support cases are being enforced by the Human Services Department, the Department shall review child support orders at least every 36 months. §40-4-11.4 and 40-4-11.5 NMSA.
  The alimony provisions of a decree can be modified upon a showing of changed circumstances. Remarriage of the recipient will generally constitute such a change of circumstances as to require alimony to be terminated, unless the recipient can prove extraordinary conditions justifying continuing the periodic alimony. The court has the power, in the original dissolution decree, to designate alimony as non-modifiable with respect to the amount or duration of the alimony payments.
§40-4-7 NMSA.

NEW YORK
  Upon application by either party, the court may modify any prior order or judgment as to spousal maintenance or child support, upon a showing of a recipients inability to be self supporting, or a substantial change in circumstance, or termination of child support. If the spousal maintenance divisions of a decree are based upon a written separation agreement between the parties, the maintenance will not be modified, except upon the showing of extreme hardship on either party, on which event the judgment as modified shall supersede the terms of the prior judgment for such a period of time and under such circumstances as the court determines. No modification shall reduce or annul any child support arrears which have occurred prior to the date of the motion for modification. The court shall not reduce or annul any spousal maintenance arrears which have been reduced to judgment prior to the modification motion. Spousal maintenance arrears which have accrued prior to the modification motion, but not yet reduced as to judgment, may not be modified or annulled by the court unless the defaulting party shows good cause for failure to apply for relief from the judgment prior to the accrual of the arrears and the facts and circumstances constituting good cause are set forth in a written memorandum of decision by the court.
Domestic Relations Law §236 (9).
  Spousal maintenance terminates upon remarriage of the recipient. In its discretion, the court may modify spousal maintenance provisions in the decree if the husband applies for modification on the grounds that the former wife is habitually living with another man and holding herself out as his wife, although not married to such man. (As of 1995, the New York legislature has failed to make the language of this statute gender-neutral. Presumably, a woman could apply to the court for modification of spousal maintenance being paid to the man upon proof that the man was residing with another woman and holding himself out as her husband.)
Domestic Relations Law §248.

NORTH CAROLINA
  The child support provisions of a decree or order may be modified or vacated at any time, upon motion and a showing of changed circumstances. When an order for child support has been entered by a court of another state, a North Carolina court may, upon a showing of changed circumstances, and if the child or custodial parent is within the jurisdiction of the court, enter a new order for support which modifies or supersedes the other state’s child support order. GS §50-13.7.
  The alimony provisions of a decree may be modified or vacated at any time, upon a motion by either party and upon a showing of changed circumstances. Alimony shall terminate upon the remarriage or cohabitation of the recipient. Alimony shall terminate upon the death of either party. Cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual or homosexual relationship. Cohabitation is indicated by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, including but not limited to, sexual relations. GS §50-16.9.

NORTH DAKOTA
  The Courts have the power to modify the child support and alimony provisions in a divorce decree whenever it is shown that the circumstances of the parties have materially changed. NDCC §14-05-24.
  A custodial parent may not change the residence of the child to another state except upon order of the court or with the consent of the non-custodial parent, if the non-custodial parent has been given visitation rights by the decree. A court order is not required if the non-custodial parent: 1) has not exercised visitation rights for a period of one year, or 2) has moved to another state and is more than 50 miles from the residence of the custodial parent.  NDCC §14-09-07.

OHIO
  The child support provision of an order or decree may be modified upon a showing of a substantial change in circumstances since the date of the order or decree. If the child support varies by 10% or more by application of the current child support schedule, the court shall consider the variance to constitute a substantial change of circumstances to require a modification of the child support order. If the court determines that the amount of child support in the existing order does not adequately meet the medical needs of the child, the inadequate coverage shall be considered by the court as a substantial change of circumstances to require a modification of child support.  ORC 3113.21.5.
  If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after 5-2-86 and before 1-1-91, or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after 1-1- 91, the court does not have jurisdiction to modify the amount or terms of the spousal support unless the court determines: 1) that the circumstances of either party have changed; and 2) the decree contains a provision specifically authorizing the court to modify the amount or terms of spousal support. A change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party’s wages, salary, bonus, living expenses, or medical expenses.  ORC 3105.18.

OKLAHOMA
  The child support provisions of the divorce decree or an order may be modified if the support amount is not in accordance with the child support guidelines or upon other material change in circumstances. In all cases where child support rights have been assigned to the county, the Department of Human Services shall review child support orders at least every 36 months, to determine whether the amount of child support is in accordance with the child support guidelines. In all the cases in which child support services are being provided by the county, the Department shall conduct a review of the child support upon the request of either party. If the Department determines that child support awards are not in accordance with the guidelines, the case shall be presented to the District or Administrative Court for modification.  43 Okl.St.Ann. §118B19 and 118.1.
  The alimony provisions of any divorce decree may be modified upon proof of changed circumstances relating to the need for support or ability to support which are substantial and continuing so as to make the terms of the decree unreasonable to either party. The court shall provide in the decree that alimony terminates upon the death or remarriage of the recipient. The voluntary cohabitation of a former spouse with a member of the opposite sex shall be a ground to modify alimony. If voluntary cohabitation is alleged in a motion to modify payment of alimony, the court shall have jurisdiction to reduce or terminate future alimony upon proof of substantial change of circumstances of either party to the divorce, relating to need for support or ability to support. The term cohabitation means the dwelling together continuously and habitually of a man and a woman or in a private conjugal relationship not contracted as a marriage according to law.  43 Okl.St.Ann. §134.

OREGON
  The court may modify the child support provisions of a decree if a party proves a substantial change of economic circumstances of a party, which may include, but is not limited to, a substantial change in the cost of reasonable and necessary expenses to either party. The court may terminate a duty of child support for any minor child who has become self-supporting, emancipated, or married. The court may suspend future child support for any child who has ceased to be a “child attending school” - a child enrolled in an educational course load of less than one-half that determined by the educational facility to constitute full-time enrollment is not considered to be a child attending school. If the motion for modification of child support is brought by the child support obligor to reduce or terminate child support on the grounds of a reduction in income, the court shall not find a sufficient change in circumstances if the motion is based upon the obligor’s voluntary reduction in income due to voluntary retirement, partial voluntary retirement, or any other voluntary reduction of income or self-imposed curtailment of earning capacity, if it is shown that such action of the obligor was not taken in good faith, but was for the primary purpose of avoiding child support.  ORS 107.135 and 107.108.
  The spousal maintenance provisions of a decree can be modified by the court upon a showing of a substantial change in economic circumstances of a party. If the decree provided for a termination or reduction of maintenance at a designated age, in anticipation of the commencement of pension, social security, or other entitlement payments, and if the obligee is unable to obtain the anticipated payments, that inability is a sufficient change in circumstances for the court to modify the maintenance provisions in the decree. In considering whether to modify the decree, and in considering whether there has been a substantial change in circumstances, the court shall consider income opportunities and benefits of the respective parties from all sources. If the basis of a motion for modification is the voluntary reduction in income by the obligor, the court will determine whether the obligor’s action was not taken in good faith but was for the primary purpose of avoiding the maintenance obligation. Whenever spousal maintenance is terminated by the court, the court has the power to order a reinstatement of the maintenance if 1) the basis for the termination ceases to exist; and 2) the reinstatement motion is filed within the period of time that maintenance would have been paid, but for the termination by the court. If the obligor has been paying maintenance in installments for more than ten years after the decree, and if the recipient spouse has not made a reasonable effort during that period of time to become financially self-supporting and independent of the maintenance provided in the decree, the obligor may petition the court to modify or terminate the spousal maintenance award. The court shall conduct a hearing to determine whether the maintenance provision of the decree shall be set aside. If the court finds that the recipient has not made a reasonable effort during the previous ten years to become financially self-supporting and independent of the maintenance provided in the decree, the court shall order the maintenance terminated. In making its findings, the court shall consider: 1) the age of the party receiving maintenance; 2) the health, work experience, and earning capacity of the party receiving maintenance; 3) the circumstances of any minor children; and 4) efforts made by the recipient party during the previous ten years to improve opportunities for gainful employment including attendance at any school or training. However, the court may not terminate maintenance for the support of a party who is 60 years of age or older at the time the modification proceeding is held.  ORS 107.135, 107.136, 107.407, and 107.412.
  A motion to modify the decree must be initiated by an Order to Show Cause, based on a motion supported by an Affidavit setting forth the factual basis for the motion. The parties must file the Uniform Support Affidavit in support of the motion. The Order to Show Cause must be served by delivering a certified copy, together with a certified copy of the motion, Affidavit, and Uniform Support Affidavit, personally on the Respondent, or in such other manner as may be authorized by the Rules of Civil Procedure.  Uniform Trial Court Rules 8.050.

PENNSYLVANIA
  The child support provisions of an order or divorce decree can be modified upon a showing of material and substantial change in circumstances. If the amount of child support would change as a result of application of the child support guidelines, or application of new or revised support guidelines, that may constitute a material and substantial change in circumstances. Both parties are required to notify the domestic relations section in writing within seven days of any material change in circumstances relevant to the level of support or the administration of the support order, including, but not limited to, change of employment, change of personal address, or change of address of any child receiving support.  23 Pa.C.S.A. § 3105 and 4353; and rules 1910.17, and 1910.19, Pennsylvania Rules of Civil Procedure.
  The alimony provisions of a divorce decree can be modified by the court upon a showing of changed circumstances of either party, of a substantial and continuing nature. Remarriage of the party receiving alimony shall terminate the award of alimony. No party is entitled to receive an award of alimony where the party, subsequent to the divorce, has entered into cohabitation with a person of the opposite sex who is not a member of the party’s family. Upon the death of the recipient, the right to receive alimony shall cease. Upon the death of the obligor, the obligation to pay alimony shall cease, unless otherwise indicated in an agreement between the parties or by an order of the court.  23 Pa.C.S.A. § 3301 (e) - 3707.

RHODE ISLAND
  The child support provisions of a decree or court order may be modified whenever the court finds that a substantial change of circumstances has occurred. In its discretion, the court may modify a child support order retroactively, but only to the date that notice of a Petition to modify was given to the adverse party, and only if the court finds that a substantial change in circumstances has occurred. A child support order shall be reviewed every three years. The periodic review of child support orders is in addition to, and not in substitution for, possible modification based on a substantial change in circumstances.  GLRI 15-5-16.2(c), 15-5-16.2.4, and 15-5-16.7.
  The alimony provisions in a decree may be modified whenever the court finds that a substantial change in circumstances has occurred. The court may make any change to the award of alimony based upon the same factors and circumstances which the court may consider in making the initial award in alimony. The court has the power to alter, amend, or terminate any award of alimony previously made. The obligation to pay alimony automatically terminates upon the remarriage of the recipient.
GLRI 15-5-16.

SOUTH CAROLINA
  The South Carolina Family Court has the authority to modify any decree or order regarding child support as the court considers necessary upon a showing of changed circumstances. The court may not modify any installments of child support which accrued prior to the filing and service of a motion to modify support. Except for public assistance cases, application of the child support guidelines to an existing child support order does not, by itself, constitute a change in circumstances.
1976 Code §20-7-852 and §20-7-933.
  The provisions in a decree or other court order for periodic payments of alimony can be modified upon a showing that the circumstances of the parties or the financial ability of the payor have changed since the decree was issued. A remarriage of the recipient spouse normally results in termination of periodic payments of alimony.
1976 Code §20-3-150 and §20-3-170.

SOUTH DAKOTA
  Child support provisions of an order or the divorce decree may be modified upon a showing of a change of circumstances. Either party may petition the court for an increase or decrease of child support based on a change of circumstances. A hearing is held before a Referee who is an attorney appointed by the court to hear modification issues. The Referee shall file a report with the court. Any party shall have ten days from the date of service of the report to object to the Referee’s report. If no objection is filed, the Circuit Court may thereafter and without further notice enter its order approving the report. If an objection is filed, the Circuit Court shall have a hearing solely on the records before the Referee to adopt the Referee’s report, modify it, or reject it and remand it for further hearing.
S.D.C.L. 25-7A-22.
  All orders for child support entered and in effect prior to July 1, 1989 may be modified in accordance with the child support schedule without requiring a showing of a change in circumstances from the time of entry of the prior support order.  S.D.C.L. 25-7-6.13.
  Alimony provisions of a decree may be modified upon proof of a change in circumstances. The burden of proving a change in circumstances sufficient to justify modification of an alimony award is upon the party seeking modification.  S.D.C.L. 25-4-41.

TENNESSEE
  Upon application of either party, the court shall decree an increase or decrease in the amount of child support pursuant to a prior order or decree, when there is a significant variance between the amount of support currently paid and the amount of support which would be established by the current child support guidelines - unless the variance results from a previously court-ordered deviation from the guidelines and the circumstances which caused the deviation have not changed. Also, the necessity to provide for the child’s health care needs shall be a basis for modification of the support order, regardless of whether a modification in the amount of support is necessary. The court may consider a request to modify a child support order even if the requesting party is in arrears under that order, unless the arrearage is a result of intentional action by the party.  TCA §36-5-101(a)(1).
  The court may modify an award of alimony upon a showing of a substantial and material change of circumstances. In all cases where a person is receiving alimony in the future or has a right to receive alimony in the future, the amount of which cannot be calculated on the date of the divorce decree, the right to receive future alimony automatically terminates upon the remarriage of the recipient. The recipient shall notify the obligor of remarriage, timely upon remarriage. Failure of the recipient to timely give notice of the remarriage will allow the obligor to recover all amounts paid as future alimony after the date of the recipient’s marriage. In all cases where an alimony recipient lives with a third person, a rebuttable presumption is raised that 1) the third person is contributing to the support of the alimony recipient, and the alimony recipient therefore does not need the amount of spousal support previously awarded, and the court shall suspend all or part of the alimony; or 2) the third person is receiving support from the alimony recipient, and the alimony recipient therefore does not need the amount of alimony previously awarded, and the court should suspend all or part of the alimony.  TCA §36-5-101(a)(1)-(3).

TEXAS
  The child support provisions of the divorce decree or prior child support order may be modified if the circumstances have materially and substantially changed since the date of the decree or order. The court may consider the Texas Child Support Guidelines to determine whether there has been a material or substantial change of circumstances. If the amount of support contained in the order does not substantially conform with the support calculated pursuant to the current Guidelines, the court may modify the order to substantially conform with the Guidelines if the modification is in the best interest of the child. A court may consider other relevant evidence in addition to the factors listed in the Guidelines. A history of support voluntarily provided in access of the court order does not constitute cause to increase the amount of an existing child support order. The court may not add any portion of the net resources of a new spouse to the net resources of a child support obligor in order to calculate the amount of child support to be awarded upon a request for modification. Likewise, the court may not subtract the needs of a new spouse or of a dependent of a new spouse, from the net resources of the child support obligor upon a request for modification. An increase in the needs, standard of living, or lifestyle of the obligee does not justify an increase in the obligor’s child support obligation.  V.T.C.A., Family Code §156.401-.405.
  The maintenance provision in a decree or prior order may be modified by the court upon a showing of a material and substantial change in circumstances of either party. The court shall apply any modification only to payments accruing after the filing of the motion to modify.
V.T.C.A., Family Code §3.9608.

UTAH
  Child support and alimony provisions of a decree can be modified upon a showing of a substantial change in circumstances.
  The court has continuing jurisdiction to make changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of divorce. The court may not modify alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action. In modifying alimony, the income of any subsequent spouse of the payor may not be considered. However, the court may consider the new spouse’s financial ability to share living expenses. Also, the court may consider the income of a new spouse if the court finds that the payor’s improper conduct justifies that consideration.
   Alimony may not be ordered for a duration longer than the number of years that the marriage existed unless, at any time prior to termination of alimony, the court finds extenuating circumstances that justify the payment of alimony for a longer period of time.
  Unless a decree specifically provides otherwise, any order for payment of alimony automatically terminates upon the remarriage or cohabitation of the former spouse.  UCA 30-3-5.

VERMONT
  Any proceedings for modification of the child support and maintenance provisions of a decree or order shall be by motion, supported by affidavit. The motion and affidavit shall be served upon the parties and not their attorneys. Affidavits shall set forth specific facts and shall be based upon the parties own knowledge, information, or belief. If a hearing is to be held on a motion to modify, the court may bifurcate the hearing and first determine and make findings as to whether there has been a real, substantial and unanticipated change of circumstances. If no such change is found, the court may dismiss the motion without reaching the merits of the action. When the motion is for modification of child support, the moving party shall also file certified copies of the Affidavit of Income and Assets and the financial worksheet from the original proceeding.
Rule 4(j), Vermont Rules for Family Proceedings.
  The child support provisions of a decree can be modified upon a showing of a real, substantial and unanticipated change of circumstances. The court can modify a child support order, whether or not the order is based upon a stipulation or agreement of the parties. If the child support order varies more than 10% from the amounts required to be paid under the Vermont child support guidelines, that shall be considered a real, substantial and unanticipated change of circumstances. A motion to modify a support order shall be supported by an affidavit stating calculations demonstrating that the party is entitled to a modification of the support order. The clerk of court shall enter an order modifying the support award in accordance with the calculations, unless within 15 days after service of the modification motion of the adverse party, either party requests a hearing. The court shall conduct a hearing within 20 days of the request. No order shall be modified without a hearing if a hearing is requested.  15 VSA Section 660.
  The maintenance provisions of a decree can be modified upon a showing of a real, substantial, and unanticipated change of circumstances. The court can modify maintenance whether or not the maintenance decree is based upon a stipulation or an agreement of the parties. Remarriage of the recipient spouse does not automatically terminate the maintenance award. It is within the trial court’s discretion to order termination of maintenance payments in the event that the recipient remarries or cohabitates.
15 VSA Section 758.

VIRGINIA
  The child support provisions in a divorce decree or other support order may be modified by the court if there has been a material change in circumstances since the prior court order. The Virginia Child Support Guidelines became effective July 1, 1989. If the original decree or child support order was made before the effective date of the guidelines, the moving party may satisfy the material change in circumstances requirement by showing that the amount of the existing child support order varies significantly from the amount which would be calculated pursuant to the guidelines. On the other hand, if the decree or prior child support order was made after the effective date of the guidelines, a significant variation between the existing child support order and the amount which would be calculated pursuant to the guidelines is not sufficient to justify modifying the award without the moving party proving some material change in circumstances.  CV §20-108 and §20-108.2.
  The provisions of a decree or court order which provide for periodic payments of spousal maintenance may be modified by a showing of changed circumstances. Spousal maintenance automatically terminates upon the death or remarriage of the recipient.  CV §20-107.1, 20-109, and 20-110.

WASHINGTON
  The child support and maintenance provisions of a decree may be modified only upon a showing of substantial change of circumstances. With respect to spousal maintenance, the parties have the right to agree in their Separation Contract that the court’s power to modify spousal maintenance is limited or even precluded. Unless otherwise agreed in writing or provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.
  With respect to child support, the parties may not limit or preclude the court’s power to modify future child support obligations. Child support can always be modified upon a showing of a substantial change of circumstances. An order for child support may be modified one year or more after it has been entered without a showing of substantial change of circumstances in the following cases: 1) if the order in practice works a severe economic hardship on either party or the child; 2) if a party requests an adjustment in an order for child support which was based on guidelines which determined the amount of support according to the child’s age, and the child is no longer in that age category; 3) if child support is terminating due to the child turning 18 but the child is still in high school, and there is a need to extend support in order to complete high school; or 4) to add an automatic adjustment of support provision.
  An obligor’s voluntary unemployment or voluntary underemployment, by itself, is not a substantial change of circumstances.
  All child support decrees may be adjusted once every 24 months based upon changes in the income of the parents, without a showing of substantially changed circumstances. Either party may initiate the adjustment by filing a motion and the mandatory child support worksheets. A party may petition for modification of child support on the grounds of substantially changed circumstances at any time. However, if relief is granted on the grounds of substantially changed circumstances, then 24 months must pass before another motion can be filed. An order for child support may be adjusted 24 months from the date of entry of the decree or the last adjustment for modification, whichever is later, simply based upon changes in the child support guidelines in RCW §26.19. RCW §26.09.170.

WEST VIRGINIA
  The child support provisions of a divorce decree can be modified by the showing of a substantial change of circumstances since the entry of the decree. If the amount of the prior child support order varies by 15% or more from the amount which would be calculated pursuant to the current child support guidelines, that shall constitute a substantial change in circumstances. Once the court has found that a change of circumstances has occurred which will justify modification of child support, then the amount of child support shall be in accordance with the child support guidelines, unless the court finds that the guideline amount would be unjust, inappropriate, waived by the parties pursuant to a written agreement, or contrary to the best interest of the child or the parties. Standard forms to request a modification of child support shall be available from the Clerk of Circuit Court.
WV Code §48-2-15, 48-2-15c, 48-2-15d, and §48A-2-17; and Rule 29, Rules of Practice for Family Law.
  The alimony provisions of a decree can be modified upon the request of either party, if the court finds that altered circumstances or needs of the parties require a modification to meet the ends of justice. The primary standard to determine whether or not a trial court shall modify an order awarding alimony is whether or not there has been a substantial change of circumstances.  WV Code §48-2-15.

WISCONSIN
  A judgment or Order for child support, maintenance payments, or family support payments may be modified upon a finding of a substantial change in circumstances.  Wis. Stat. §767.32.
  Upon 60 days written notice to the other parent, a parent with physical placement rights to a child may ask the court for approval to move the child’s residence out of the state, or more than 150 miles from the other parent but still within the state. Whether the request will be granted depends upon a number of factors, including the amount of time the parents have with the child under the prior court Order for physical placement rights. The court considers the following factors: 1) whether the purpose of the proposed action is reasonable;2) the nature of the child’s relationship with the other parent and the disruption to that relationship which may result; and 3) the availability of alternative arrangements to continue the child’s relationship with the other parent.
Wis. Stat. §767.327.

WYOMING
  The child support and alimony provisions in a decree can be modified upon a showing of changed circumstances since the entry of the decree. With respect to alimony, the court may from time to time, on the petition of either of the parties, revise and alter the award of alimony upon a showing of change in circumstances.  W.S. 20-2-116.
  With respect to an award of child support, the court may also modify a prior child support order upon a showing of changed circumstances. Application of the child support guidelines is encouraged to determine if a modification is appropriate. There is a rebuttable presumption that modification is appropriate when application of the guidelines would result in a 20% change in the monthly child support award. The court shall require the parties, in a modification motion, to complete a verified financial statement on the forms approved by the Wyoming Supreme Court. If, upon applying the presumptive child support pursuant to the guidelines, the court finds that the support amount would change by 20% or more per month from the amount of the existing order, the court shall consider this to constitute a change of circumstances sufficient to justify modifying the order.  W.S. 20-6-306.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2015 by LAWCHEK, LTD.


BACK TO QUESTIONS & ANSWERS

 

This is not a substitute for legal advice. An attorney must be consulted.