Substantial Change in Circumstances – Child Support

What constitutes a substantial change in circumstance?  This is the crucial factor when trying to change child support payments.  One has to show that the change in circumstances was significant, material, involuntary, and permanent in nature in order for a court to reduce or increase child support payments.  The party seeking modification of child support payments has the burden of showing the change in circumstances.  It is not the responsibility of the other spouse to do so.  These requirements were set in place to ensure that a spouse’s obligation to pay is not avoided intentionally.  It is important to note that one can only receive credit for any over payment or under payment retroactive to the date of filing.  So, one should file immediately if they have experienced a substantial change in his or her circumstances.