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How to File a Child Support Modification

If your circumstances have changed - or you believe your ex is earning more than they reported - you may be able to increase your child support. Here is how.

When Can You File?

You can request a child support modification when there has been a material change in circumstances. This includes:

• A significant increase (or decrease) in either parent's income
• Discovery that the other parent has hidden income or assets
• The other parent started a new business
• Changes in the child's needs (medical, educational)
• Changes in custody or parenting time
• Loss of a job (involuntary)
• A set period of time since the last review (many states allow every 3 years)

Most states define "significant" as a change of 10-20% or more from the current support amount. Some states have a specific dollar threshold.

Step-by-Step Process

Step 1: Confirm You Have Grounds

Before filing, make sure you have a legitimate basis for modification. Ask yourself:

• Has your ex's income changed significantly since the last order?
• Have you discovered income they did not report?
• Has it been 3+ years since the last review?
• Have the children's needs changed?

If you answer yes to any of these, you likely have grounds to proceed.

Step 2: Gather Your Evidence

Strong evidence is key to a successful modification. Start collecting:

• Public records - Business filings, property records (search free here)
• Financial documents - Your ex's tax returns (can be subpoenaed), pay stubs, bank statements
• Social media evidence - Screenshots of expensive purchases, vacations, lifestyle posts
• Testimony - Witnesses who can attest to your ex's lifestyle or income
• Business records - If your ex owns a business, their business filings and financial statements

Learn more about what evidence courts accept →

Step 3: File a Motion with the Court

You will need to file a "Motion to Modify Child Support" (the exact name varies by state) with your local family court. This typically includes:

• The motion form (available at your courthouse or court website)
• A financial affidavit showing your current income and expenses
• Supporting evidence for the change in circumstances
• The current child support order
• A filing fee (usually $50-$200, fee waivers available for low income)

Many courts have self-help centers that can assist you with the paperwork at no cost.

Step 4: Serve the Other Parent

After filing, the other parent must be officially notified ("served") with copies of your motion and supporting documents. Service methods include:

• Personal service by a process server or sheriff
• Certified mail with return receipt (in some states)
• Their attorney, if they have one on file

The other parent typically has 20-30 days to respond.

Step 5: Attend the Court Hearing

At the hearing, both parents present their case. Be prepared to:

• Present your evidence clearly and organized
• Explain why the current order no longer reflects the true circumstances
• Bring copies of everything for the judge and the other party
• Be respectful and factual - focus on finances, not emotions

An attorney can significantly strengthen your case, especially if your ex has one. Get a free consultation →

Step 6: Receive the New Order

If the court agrees to modify support, a new order will be issued. Important notes:

• The new amount is typically effective from the date you filed the motion
• Retroactive modifications are generally not allowed (which is why filing promptly matters)
• The new order is enforceable just like the original order
• If your ex does not comply, you can pursue enforcement through the court

Should You Hire an Attorney?

While you can file for modification on your own (called "pro se"), having an attorney is strongly recommended when:

• Your ex has an attorney
• You suspect hidden income from a business
• The case involves complex financial issues
• You need to subpoena financial records
• There is significant money at stake

Many family law attorneys offer free initial consultations and some work on contingency for modification cases.

This guide is for educational purposes only and is not legal advice. Court procedures vary by state and county. Consult a licensed attorney for advice specific to your situation.