Modification of Support

Modification of Support

Modification of Support

Modification requires a substantial and continuing change, frequently defined as a percentage variance from the current order. Modification is generally prospective only and does not affect accrued arrearages.

Some states permit review at defined intervals.

Alternative Names:

Support Modification|Change of Support

Why it Matters?

Retroactivity is limited to the filing date in most states, which means an obligor whose income dropped must file promptly rather than paying a reduced amount and seeking retroactive relief later, since the unpaid difference accrues as arrearages that modification cannot eliminate. That rule catches obligors who assumed informal agreement with the other parent was sufficient.

Frequently Confused with

Related terms

Frequently asked questions

How far back does modification reach?

How far back does modification reach?

Generally to the filing date only, so an obligor must file promptly rather than paying less and seeking relief later.

Does informal agreement suffice?

Does informal agreement suffice?

No. Unpaid amounts accrue as arrearages that modification cannot retroactively eliminate.