A person who wants to change an unfair child support order must file a motion to modify the order. A motion is a formal request to a court to make a particular decision. Each jurisdiction will have its own rules concerning the format of a motion. A motion to modify an unfair child support order will ordinarily contain a series of numbered statements identifying the parties, identification of the existing order, how long the order has been in effect, a statement explaining why the existing order constitutes unfair child support, and a legal basis justifying why modification is necessary. After this motion is prepared, the person requesting a change in unfair child support must file it with the court, serve a copy to the opposing party and request a hearing.
Most jurisdictions allow modification of a child support order when there is a substantial change in circumstances to justify the change. For example, an employer may lay off a person from a job, which results in no income or lower income for one of the parents. Accordingly, a court may enter an order decreasing the amount child support that parent must pay. If a parent is suddenly earning more money, a court may increase the child support he or she is to pay.
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Another example of a substantial change in circumstances occurs when a parent pays child support for multiple children and one of the children is no longer entitled to child support. The parent may then file a motion requesting that his or her child support payments be reduced. A child usually is entitled to receive child support until the child reaches the age of legal majority. In most jurisdictions, that is 18. If a child is emancipated or gets married before the age of majority, the child is no longer entitled to child support.
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In contrast, many jurisdictions have certain circumstances under which they require a parent to continue paying child support past the age of majority. For example, if a child has a severe medical condition that prevents him from working and being self-supporting, a court may order child support to continue after the age of majority. A parent would have a difficult time arguing unfair child support in this situation, despite the age of the child.
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The most important aspect of a motion to modify child support is developing a position that an existing order is unfair. It is most difficult to convince a court to lower child support. Most jurisdictions have established a best-interests-of-the-child standard to guide its courts when establishing and modifying child support. Hence, a person seeking modification must keep this in mind when developing an argument for presentation to the judge.