When can I change my child support order?

Posted by on September 21, 2018 in Child Support

When can I change my child support order?

Modifying child support in light of the February 2018 NH Supreme Court Case of In the Matter of White and White

The law in NH provides for when and how child support payments can be modified.  Specifically, the law allows a parent to request a child support modification 1) if at least three years have passed since the most recent support order OR 2) if there has been a substantial change in circumstances.  

The law in NH does not provide a list of what equals a “substantial change in circumstances” but if there has been a loss of a job, a significant pay raise, moving from part-time to full-time employment, the emancipation of a supported child turning 18 and graduating from high school, and other such significant changes that now make the support order unfair, you might qualify for a modification.  

There can be complex factors involved in whether requesting a modification is the right move for you and this should be a time to consult with an attorney.  The attorneys at Shanelaris & Schirch, PLLC will be able to help you understand whether a modification would most likely benefit you.

Additionally, it is important to talk to an attorney soon rather than waiting.  The law in NH will not make a support modification retroactive back to the point when the substantial change happened but only back to the point when the other party received notice from the court that you are seeking a modification.  This important point was reaffirmed in the February 2018 NH Supreme Court ruling for In the Matter of White and White.  

If you believe that you have had a substantial change of circumstances, or if it has been at least three years since your most recent child support order, it is a good time to consult with our attorneys to determine whether requesting a modification from the court is the right move for you.  If it is, our attorneys can assist you in petitioning the court for that modification.