What is a child support modification?

A child support modification is a legal action taken by the court to change the amount of a child support order. In the state of Indiana, a parent may petition the court to modify a child support order due to changed circumstances. In order for the court to approve the modification, there must be a substantial and continuing change in circumstances that substantially affects the amount of the support obligation. This could include, but is not limited to, changes in the incomes of either parent, changes in parenting responsibilities, or changes in the needs of the child. Once a parent has filed the petition to modify the child support order, the court may require both parties to attend mediation to try to reach an agreement. If an agreement is not reached through mediation, the court would then review all the evidence and make a decision. Some factors the court may consider when evaluating a modification request include the cost of living in the area, new income for either parent, the needs of the child, and changes to the custody order. If the court approves the modification, it will issue a new child support order requiring the paying parent to pay the new amount to the receiving parent. The court may also order retroactive payments for past due child support payments. It is important to note that both parents must abide by the new child support order once the court has made a decision. If a parent does not pay the new amount, the court may take further action, such as wage garnishment or suspension of driving privileges.

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