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. |
