Modifying Child Support

Authored By: Lagniappe Law Lab

About

Child support payments may need to be modified for a variety of reasons, including changes in a parent's income, changes in the needs of the child, or when the child reaches the age of majority. 

Modifying child support is possible in some cases. It is done through a court order. Typically, a parent may petition for a modification in order to reduce or increase the amount of child support. Factors that may need to be taken into account when considering a modification include changes in income, changes in the needs of the child, changes in the cost of living, and/or other factors.

In Louisiana, either parent can file a petition to modify a child support order. The court may modify an existing child support order if there has been a substantial change in circumstances since the order was made. Examples of possible changes include a job loss, a change in income, or a change in the amount of time the child spends with each parent. The court will consider a variety of factors in deciding whether to modify the child support order, such as the parents' incomes, the child's needs, and the amount of money each parent is contributing to the child's support. 

To begin, either parent can file a motion to modify the child support order with the court. The motion should include the reasons why the modification is being requested, such as a change in the payor's income, the children's needs, or the number of children being supported. Once the motion has been filed, it must be served on the other party so they have notice of the request for modification. 

Generally, a modification of child support requires a formal court hearing. The court will set a hearing date, and both parties have an opportunity to present evidence and argument to the court. The court will then issue a new order based on the evidence and the argument presented. 

If the court grants the petition, the new child support order will replace the existing order. It is important to note that the court cannot retroactively modify a child support order. This means that any changes to the order will only apply to payments made after the court issues the new order. Once the new order is issued, both parties must abide by its terms. 

If you need help modifying a child support order, you should contact an experienced family law attorney in your area. An attorney can help you understand the process and make sure your rights are protected. An attorney can review the specifics of your situation and help you file the necessary paperwork to modify the order. The attorney can also represent you in court and advocate for your interests. 

Learn more by visiting Child Support Modification

Last Review and Update: Jan 31, 2023
Was this information helpful?
Back to top