Requesting a child support modification can be intimidating, particularly if the other parent chooses to contest the change. Having an experienced family law attorney on your side during the process can make all the difference when filing a child support modification request in Idaho.
You can file a motion with the county court clerk to request a child support modification in Idaho. The court will approve a child support modification if the parent requesting the modification can prove that a substantial and material change in financial circumstances warrants the change.
Kevin Shupperd of Shupperd Law is a skilled Idaho family law attorney with vast experience filing child support modification motions for his clients. Read on to learn more about what it takes to file a successful child support modification motion in Idaho.
Substantial and Material Changes Supporting a Child Support Modification Request
Under Idaho law, a substantial and material change is a term broadly used to reflect a major change impacting one or both parents, warranting a modification of the existing support order.
Most requests for modifications to a child support order are tied to income and can include:
- a 10% or more increase in the income of either parent
- an involuntary decrease of 10% or more in the income of either parent
- an unintentional job loss for either parent
Other substantial and material changes warranting a child support modification include one parent remarrying, moving to another state, or going to prison. A significant increase in childcare expenses, including medical and educational expenditures, cost-of-living increases, or age-related costs may also be a consideration.
Next Steps After Filing a Child Support Modification in Idaho
If your current circumstances warrant filing a motion for a child support modification, as outlined above, you can do so through the office of your local county court clerk. Once the motion has been filed, both parents must appear in court to argue the merits of the child support modification request.
If both parents agree to the child support modification request, you may not have to appear in front of a judge regarding the matter. Instead, you may submit an agreement signed by both parties for the judge’s approval.
Please be aware that judges may only modify child support payments accruing after the date that the motion is filed. Should the court approve the modification request, your revised child support order and the amount you will be required to pay will be in effect as of the filing date.
The State of Idaho makes it easy for those paying child support to file a motion for a child support modification. Still, child support is an often contentious issue in family law. Ensuring that your motion is filed properly, that you meet the substantial and material change thresholds, and countering any resistance from the other party can be difficult for a parent. Seeking counsel from a trusted family law attorney in Boise is crucial to the successful outcome of your modification request.
Kevin Shupperd of Shupperd Law is committed to making sure that you are treated fairly throughout the child support modification process and to help relieve the stress associated with child support modification claims. If you believe that substantial and material changes in your financial circumstances or the other parent’s circumstances warrant a modification to your child support payments, contact Kevin at Shupperd Law. He can help you to understand your options and help you achieve the best possible outcome.