When the court makes a ruling on child support, it does so with the understanding that circumstances may not always remain the same. The court knows that as children grow, their needs may vary. It understands that the job market changes, and sometimes, income changes. Due to these factors, the court does not expect a child support order to remain the same from the time it makes the order to the time the order expires. Therefore, the court offers a process by which a person may request a modification.
A child support modification must go through the court and requires filing the proper forms, according to the State of Connecticut Judicial Branch. Either parent may request the modification if there are significant changes in circumstances. Changes may include a change in income or a change in the needs of a child due to medical issues.
The modification process starts with filing three forms. A person must file an Affidavit Concerning Children, form JD-FM-164. In addition, he or she must file form JD-FM-174, Motion for Modification, and form JD-CL-12, Appearance. There is a filing fee for this process that a person must pay when he or she delivers the documents to the Superior Court clerk.
If a person cannot afford the filing fee, a waiver may be possible. The person would also need to file an Application For Waiver Of Fees/Payment Of Costs/ Appointment of Counsel–Family document, which is form JD-FM-75.
When going to court for a child support modification hearing, a person must also have a financial affidavit form. This document outlines financial information. The person must also provide proof of income along with this form.
After filing the proper forms, a person will get a hearing date and time from the clerk. The clerk will also return the forms, and the person must then get copies of them to the other parent. The person must then return the original forms to the clerk and provide proof of delivery to the other parent.
On the hearing date, all parties should be present. The court will look over the documents and evidence to make a determination on the modification.