Can Child Support and Timesharing be Modified Post-Judgment?

Simply put, child support and timesharing can be modified post-judgment. This means that a child support or timesharing order given at the time of judgment can, in the future following the judgment, be changed or modified. It is very important to understand that neither party can make any changes to child support or timesharing order without returning to court for a judge’s ruling. Any changes made without a judge’s order will be null and void, and the party or parties may be held in contempt. Yet, while the answer is "yes," there are several stipulations that must be met first before a judge will hear the case and consider ordering a modification. All cases for modification of child support and timesharing must:

Unanticipated need for change: before a judgment is made for child support and timesharing, a judge will take into consideration several factors, including parties’ income, health (both mental and physical), minor child’s health expenses, what it is costing to provide proper care and nurturing for the child, and what type of care is required, for example, an infant versus a teenager. At this time, if there are any known major changes that could affect child support and timesharing following the judgment, the parties are to disclose them. So, if a party is laid off their job and knew this would happen before the judgment, it would not be grounds for a change in child support. Timesharing would also not be affected as a party knowingly prejudgment about getting laid off would still need to abide by the original timesharing ruling.

Substantial need for change: substantial refers to the fact that the change requested must be significant in nature. The substantial need for change can involve a parent or the child. For example, a parent’s or child’s health needs can change dramatically, requiring additional expenses not anticipated and a level of care that will affect the timesharing. A sudden unanticipated job loss of no fault of the party (i.e., a business closes down) results in a party trying to find a job of equal compensation. When finding a suitable job becomes impossible either from the standpoint of location or pay, a modification of child support and timesharing may become necessary. A parent’s increased use of drugs would be another example. Whatever the reason for seeking modification, the reason must hold strong merit.

Material need for change: the desired change in child support and timesharing must have a monetary or material need attached to it. Some examples would be lower-income, increased expenses for childcare, a job change requiring a longer commute or different working hours, a parent has repeatedly failed to provide adequate care when the child is in their care claiming they can’t afford to do so, or either parent or child has significantly increased medical expenses.

Going to court for a modification of child support or timesharing requires the expertise of a Family Law attorney. They will know the best way to approach the judge and also be able to help you collect the proof you need to verify your case. Any facts regarding the three factors needed to file for a modification of child support and timesharing must be able to be proven. A legal professional will have a monetary cost, but in the end, the success of a case well presented to a judge will be much more likely to succeed.