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How to Change a Child Custody or Support Order

Custody and support orders are not permanent. Children grow, jobs change, parents move. But an order stays in force until a court changes it, so the way to change it is through the court, not a side agreement.

When a court will change an order

Most states require a substantial change in circumstances since the last order. Common examples:

For child support - A significant drop or rise in either parent's income. - A change in the parenting schedule that shifts how much time the child spends with each parent. - New costs for the child, such as medical needs or child care.

Some states set a threshold, such as a change that would move the support amount by a certain percentage, or allow a review every few years regardless.

For custody and parenting time - A parent plans to move a significant distance. - The child's needs have changed, or an older child has a strong preference. - One parent is not following the current schedule. - Concerns about the child's safety or well-being in one home.

For custody, the court decides based on the best interests of the child. See how child custody is decided.

How the process works

  1. Try to agree. If both parents agree, you can submit a written agreement to the court to make it an official order.
  2. File a petition or motion to modify in the court that issued the order, explaining what changed.
  3. Serve the other parent with the papers.
  4. Exchange financial information for support cases.
  5. Mediation, which many courts require for custody disputes.
  6. Hearing, where a judge decides if you cannot agree.

Mistakes to avoid

  • Do not just stop paying or pay less because your income dropped. Support usually can only be changed from the date you file, so file as soon as your situation changes.
  • Do not change the schedule informally and assume it counts. Without a court order, the old order still controls.
  • Keep paying and following the order while the request is pending.

See also how child support is calculated.

Find a family law attorney near you.

This guide is general information, not legal advice. Family law rules vary by state.