After a divorce, a family’s circumstances can change, and the divorce court orders can be modified to reflect those changes. Child support is one modifiable order, and states have different requirements for modification. When you’re in need of a change to your child support agreement, a Midwest family lawyer is an essential asset.
Missouri Child Support Modification
In Missouri, child support orders can be assigned through court order or through the state’s Family Support Division (FSD). Modifications can be made through the family court or through the FSD, although the FSD can only modify FSD orders, and the court can modify FSD orders and court orders. When the FSD suggests a modification to the support order, it is submitted to the court for approval.
The FSD reviews support orders if it has been three years since the creation of the order or the most recent modification. If it has not been three years, there must be specific circumstances. These include:
- The original support order was not fair or appropriate
- Changes in a parent’s financial circumstances or needs
- Changes in the child’s financial needs
Illinois Child Support Modification
In Illinois, child support can be modified through the court. The court will only have a hearing for the modification if one of the following reasons has occurred:
- A substantial change in the financial circumstances of either party
- It has been three years since the last modification or the creation of the order.
- The child’s medical care coverage was not covered in the initial support order.
- The Department of Healthcare and Family Services (HFS) Division of Child Support Services (DCSS) receives a written request for modification from either parent or another state.
A substantial change in financial circumstances includes:
- Either parent has an increase or decrease in income or financial resources
- Either parent no longer has to pay spousal maintenance
- The child’s financial and/or medical needs have changed substantially
- The child is 18 and is no longer in high school
- The child is self-supporting
- A change in the child custody arrangement
- The child is emancipated, joins the military, or gets married
Kansas Child Support Modification
Every three years, the Kansas Child Support Services reviews a child support order to determine if a modification is appropriate for the child’s changing age and needs. If it has not been three years, other changes are required.
If parents can agree on a child support order modification, they can submit that change to the court for approval. If it is reasonable and in the child’s interests, the court will approve it. If parents don’t agree, the parent petitioning for modification with the court must show a material change in circumstances that is expected to continue.
In Kansas, a substantial and material change in circumstances includes:
- The child’s age group has changed, meaning they have turned six or 12
- The court-ordered child custody arrangement has been modified
- Either parent’s income has changed, and the resulting modification to support would alter it by 10% or more
Oklahoma Child Support Modification
In Oklahoma, child support qualifies for a modification review if:
- It was not calculated according to the state’s Child Support Guidelines
- It did not include medical support
- The modification will result in at least a 10% change in support amount
- There is a significant change in the circumstances of any party
- Either parent is incarcerated for at least six months
A significant change in circumstances may include:
- Either parent becomes disabled
- The custody arrangement was modified
- The child is not entitled to child support due to being emancipated, 18, or another reason
- Either parent’s income changes significantly
- The cost of child care or healthcare insurance has changed
Nebraska Child Support Modification
In order to qualify for a hearing for support order modification in Nebraska, the following must be true:
- The modification, if granted, would result in the order changing by 10% or more, but not less than $25; and
- The changes in circumstances that warrant modification have lasted for a minimum of three months and are expected to continue for at least six more months.
Modifications can be made for a change in the paying parent’s income or a change in the financial needs of the child. If the paying parent has had a decrease in income, they must prove that they did not deliberately lower their income.
FAQs
Q: How Often Is Child Support Reviewed in Kansas?
A: In Kansas, child support orders can be reviewed every three years, even if there hasn’t been a significant change in circumstances. This review will determine if it is appropriate to modify the support order based on the changing needs of the child as they grow up. If it has been less than three years, parents must show a change in circumstance.
Q: What Is the New Custody Law in Missouri 2023?
A: The new custody law in Missouri took effect in late August of 2023 and makes it so that joint custody, or a 50/50 split of parenting time, is presumed to be in the interests of the child. Although family courts have typically preferred joint parenting, this law codifies this preference.
Q: How Long Does a Child Support Modification Take in Oklahoma?
A: Modifying an Oklahoma child support order through the state Child Support Services can take up to 180 days or longer. This process includes determining if the order qualifies for review, reviewing the order to determine if the modification is appropriate and in the child’s interest, and then completing the modification.
Q: At What Age Do You Stop Paying Child Support in Illinois?
A: Child support payments in Illinois may end if:
- The child becomes emancipated and/or turns 18
- The child turns 19 or graduates high school, whichever comes first
The court may also order non-minor child support payments in some circumstances, such as to provide support for a child attending college or a child who is permanently disabled.
Q: At What Age Can a Child Choose Which Parent to Live With in Nebraska?
A: Once a child is no longer legally a child in Nebraska and has turned 18, they can make their own decisions about where to live. Before that time, a child’s opinion is taken into account when the court determines child custody. If a child’s opinion is based on sound reasoning, the court is more likely to listen. However, the court is never required to follow the child’s wishes.
Modifying Court Orders
The experienced attorneys at Stange Law Firm can review your case and help you gather evidence for modification. Contact us today.
