How do I bring a motion to change child support?

You or your partner may want or need to change or end the child support in your separation agreement or court order because of changes to your situation. For example:

• The payor parent loses their job and can no longer pay the child support agreed on.
• The payor parent makes more money and the other parent wants them to pay more child support.
• Your child finishes school, marries, or moves out on their own.
• Your child is working full-time.
• Your child is living with the other parent or a different person.
• There are new special or extraordinary expenses.

A change in the income of the parent receiving support is generally not a reason to change the separation agreement or court order. This is because that parent's income is usually not taken into account when deciding how much child support should be paid.

If you and your partner agree to change or end your separation agreement, you can make a new child support agreement.

If you and your partner agree to change or end your final court order, you can change child support on consent.

If you and your partner cannot agree, you may have to go to court to bring a motion to change. A motion to change is the name of the court process used to ask a judge to make changes to support in your separation agreement or court order.

There are Family Law Rules that tell you what is needed at every step in a court case. Rule 15: Motions to change a final order or agreement tells you what you need to do.

You can talk to a lawyer who can tell you if facts exist that may convince a judge that your separation agreement or court order should be changed.

If you can't afford to hire a lawyer for your whole case, some lawyers provide “unbundled services” or “limited scope retainer” services. This means you pay them to help you with part of your case.

If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.