Fillable Form Child Support Modification Form

What is a Child Support Modification Form?

A Child Support Modification form is a crucial legal document used to request changes to an existing court-ordered child support order. The form is filed when significant changes in circumstances warrant a reevaluation of the support terms initially set by the court.

The form must be signed, dated, and potentially notarized, then filed with the appropriate court, often accompanied by a filing fee. The court reviews the submission, may schedule a hearing, and then makes a decision based on the evidence presented.

How do I fill out a Child Support Modification Form?

A fillable Child Support Modification form template can be found here.

Date

Enter the date that this form is being filed.

First Parent

Enter the name and residential address of the “First Parent”, or the parent that is paying child support.

Second Parent

Enter the name and residential address of the “Second Parent”, or the parent that is receiving child support.

Minor Children

Enter the names and birthdates of all minor children that the above named people are parents or legal guardians to. If there are more minors for whom the above serve as a child's legal guardian, attach an appropriately-labeled sheet of paper to this form and enter them there.

Expectation

Mark the box that applies to the parties signing this form: Mark only one of the following:

• Parties expect no other children
• More children (enter the number of children expected, and the approximate date of birth)

Child Support Agreement Date

Enter the date that the original child support agreement was executed.

Amount Paid for Child Support

Enter the amount that the first parent pays to the second parent for child support, then mark the box that indicates how often the payments are made from the following:

• Monthly
• Bimonthly
• Weekly
• Bi-Weekly

Child Support

Enter the amount that the first parent must now pay to the second parent for child support, then mark the box that indicates how often the payments are made from the following:

• Monthly
• Bimonthly
• Weekly
• Bi-Weekly

Then enter the date that the first parent should start making the payments, and mark the box corresponding to the payment schedule selected above.

Child Support Guidelines

Mark only one box that applies from the following:

• Not according to state guidelines. Both parties acknowledge that they are fully informed of their rights under state law, and the amount of child support was mutually agreed upon despite differing from the applicable state child support guidelines. The parties agree that the agreed upon amount of child support is in the best interests of the minor child.
• According to state guidelines. The amount of child support has been determined in accordance with the applicable state child support guidelines. (Mark the box provided if Exhibit A is attached to this form)

Minor Child’s Tuition Expenses

Mark only one box that applies to who will be responsible for the payment of the minor child’s tuition and school expenses from the following:

• Both parties equally
• First parent
• Second parent

Minor Child’s Medical Insurance

Mark only one box that applies to the minor child’s medical and health insurance from the following:

• The parties shall share equally the costs for maintaining existing medical insurance for the minor child
• First parent will be responsible for all premiums and expenses related to medical insurance for the minor child
• Second parent will be responsible for all premiums and expenses related to medical insurance for the minor child

Waiver of Payment Through Clerk

Mark only one of the boxes that applies.

• Not applicable
• Both parties waive participation in any applicable Central Depository Payment Program or the payment of child support through any clerk of court, direct deposit program or other third party entity.

Full Force and Effect

This section states that all terms for this agreement that have not been expressly modified will remain in full force and effect.

Bankruptcy

This section states that the obligations and responsibilities provided in this modification will not be dischargeable in bankruptcy.

Legal Representations

This section states that all parties involved had the chance to consult and receive legal advice of their own selection individually, and has been fully informed of all legal rights and obligations they possess.

Fees and Costs

This section states that each party will be solely responsible for their own expenses related to this form, such as attorney’s fees and negotiation costs. In the event that either party retains or engages an attorney or attorneys to collect or enforce or protect their interest with respect to this modification, the prevailing party will receive payment of all costs and expenses of such collection, enforcement or protection (this includes attorney’s fees, as reasonably applicable).

Free and Voluntary Execution

This section states that all parties involved have read and understood all provisions of this modification and are signing this form of their own free will.

Further Assurances

This section states that all parties involved will execute, acknowledge, or deliver any instrument, paper, or document, or take any other necessary actions in connection with the performance and execution of this modification.

Amendments

This section states that this form may only be amended or modified if an explicit, written agreement signed by both parties or a court of competent jurisdiction has been filed.

No Waiver

This section states that no waivers will be considered valid for this modification, and that the failure to enforce any given provision of this agreement will not be construed as a waiver of said provision.

Governing Law

Enter the state whose laws govern this agreement.

Disputes

Mark only one of the following that applies:

• Legal Action - if it becomes necessary to enforce this modification or any term hereof, either party may seek enforcement of the modification in the applicable court.
• Mediation, then Legal Action - if it becomes necessary to enforce this modification or any term hereof, the parties must first mediate the issue with a certified mediator to reach an agreement that is mutually agreeable to each. If mediation is not possible or if it fails, either party will thereafter seek enforcement of the modification in the applicable court.

Attorney’s Fees

Mark the box provided with a check if the below applies. If it does not, cross it out.

• If either party brings legal action in order to enforce its rights under this modification, the prevailing party will be entitled to recover legal expenses from the other party

Admissibility

This section states that this document may be used as evidence by either party, and that it will be considered as having been jointly prepared and written by all parties hereto.

Severability

This section states that should any part of this agreement become invalid or otherwise unenforceable in whole or in part, all other parts of the agreement will be unaffected.

Headings

This section states that the headings for each section are for reference purposes only and will not affect the meaning or interpretation of any part of this form.

Successors and Assigns

This section states that this agreement will be binding upon and inure to the benefit of the parties and their respective legal representatives, heirs, administrators, executors, successors, and permitted assigns.

Entire Agreement

This section states that this agreement contains the entire understanding of the parties, and that there are no other obligations or terms other than those expressly agreed upon in this form.

Miscellaneous

Enter any and all other terms relevant to this agreement here.

Signatures

Have the first and second parent enter their names and sign the form in the spaces provided. Then have the first and second witnesses enter their name, address, and signature in the spaces provided and enter the date that they signed the form.

Notary Acknowledgement

State and County

Enter the state and county in which this form is being notarized.

Date

Enter the date that the form was acknowledged before the notary.

First Parent

Enter the name of the first parent.

Signature

Have the first parent sign the form in the space provided.

Notary Public

Enter the name of the notary.

Commission Expiry

Enter the date that the notary’s commission expires.

State and County

Enter the state and county in which this form is being notarized.

Seal

Have the notary stamp or sign the form in the space provided.

Date

Enter the date that the form was acknowledged before the notary.

Second Parent

Enter the name of the second parent.

Signature

Have the second parent sign the form in the space provided.

Notary Public

Enter the name of the notary.

Commission Expiry

Enter the date that the notary’s commission expires.

Frequently Asked Questions (FAQs)

How is child support calculated?

Child support is typically calculated based on both parents' income, the child's needs, and the time each parent spends with the child. Each state has guidelines and formulas to ensure consistency.

What factors influence child support amounts?

The exact factors that influence the terms of a child support order differs per context, but they often include parents' income, visitation and custody issues and arrangements, the child's standard of living, and special needs such as healthcare and education. Child support services will account for the child's current circumstances and report accordingly to courts, who will then come to a decision based on all information available.

Can parents agree on a different child support amount than the state guidelines?

Yes, parents can agree on a different amount, but the agreement must be fair and reasonable and receive court approval to ensure the child's best interests are met.

What constitutes a significant change in circumstances?

Significant changes include substantial income changes, changes in custody arrangements, or the child's increased needs due to medical or educational reasons.

How long does child support last?

Child support typically continues until the child turns 18 or graduates from high school, whichever is later, though some agreements may extend support for college expenses.

Can child support obligations extend to college expenses?

Yes, some agreements or state laws may require parents to contribute to college expenses, either through extended support or a separate provision.

What happens if a parent doesn’t pay child support?

Non-payment can result in wage garnishment, tax refund interception, suspension of licenses, and even jail time. Enforcement measures vary by state, and some cases may require enlisting the services of a private attorney in order to enforce the terms of the agreement and protect the rights and interest of the child. A court hearing will be held with the other parent, and the dispute will be settled then.

Can child support be enforced if the non-custodial parent lives in a different state?

Yes, the Uniform Interstate Family Support Act (UIFSA) allows for enforcement across state lines, ensuring consistent child support enforcement nationwide.

How is child support enforced internationally?

International enforcement is facilitated through treaties and reciprocal agreements between countries, coordinated by the U.S. Office of Child Support Enforcement.

What is the impact of remarriage on child support?

Remarriage alone doesn't affect child support, but if the new spouse's income significantly changes, or otherwise enacts some kind of material and substantial change on the first parent's current situation, a modification request may be filed in order to account for the change.

How are medical expenses handled in child support?

Agreements often specify how medical expenses are divided, with parents sharing costs not covered by insurance based on their financial abilities. If any part of child support is waived, the modification process will generally need to be done in order to properly calculate the child support payment and provisions moving forward.

Can child support be retroactively modified?

Retroactive modifications are rare and usually limited to correcting clerical errors or fraud. Typically, modifications apply from the date of the request forward.

What is the difference between child support and alimony?

Child support is for the child's needs while alimony (or spousal support) is for the financial support of an ex-spouse. They are separate legal obligations.

How does joint custody affect child support?

In joint custody, support calculations consider the time each parent spends with the child and both parents' incomes, potentially reducing the support amount. Joint custody can also provide other benefits, such as increasing the child's medical insurance coverage, or simply making it easier for either party to request a modification whenever necessary.