Child support orders can generally be changed by the agreement of both spouses. Any change would need to be in writing, and must be signed by a judge. If parents cannot agree, the parent wanting to change court ordered child support must persuade the court that there has been a “significant change of circumstance” since the last order, which has resulted in an inability to pay or an inability to live on the ordered support. Changes that may qualify include a substantial decrease in income of either parent, a significant raise for the noncustodial parent, an improvement in the custodial parent’s finances due to an inheritance, or a change in the needs of the child.
Support agreements between parents that were not part of a court order may have their own terms and mechanisms for modification. This is one of the many reasons that we recommend that parents consult an attorney before signing an initial agreement; if you are not intimately familiar with your state’s child support guidelines, it is unlikely that you will be able to anticipate the issues that will impact your ability to tweak your agreement in later years. We have seen cases in which the support-paying spouse went to court to request a reduction in support amount, and wound up having to pay more per month, not less. Judges are pretty much bound by the state-mandated child support guidelines, and you need to be aware of what those guidelines are in your state, before you sign any agreement.
