Children are entitled to be supported by their parents in the same way they would have been had their parents not separated. Therefore it follows that as parents' incomes change, the support of their children should also change. Child support ordered by the court can be changed by the court if one parent can show there has been a real, substantial and unanticipated change of circumstances since the last child support order was issued.
When is a Change "Real" and "Substantial"?
A change is considered real and substantial if it would make the child support amount payable under the child support guidelines at least 10% higher or lower than the amount of the current child support order. A typical change of circumstances occurs when one parent's income changes substantially.
Involuntary loss of employment, where wages are replaced by unemployment compensation, worker's compensation, or disability benefits, is good reason to seek reduction in child support.
A promotion, a new, higher-paying job, or a substantial inheritance are reasons to seek an increase.
Changes in the parenting plan can also be a reason to seek a modification. For example, if a child goes to live with the other parent on a long-term basis, it will cost that parent more money to provide for the child's care. Therefore, child support should be adjusted.