Child Support Modification

Modification of family law orders are generally the same. One must establish a substantial change in circumstances not anticipated at the time of the original order. The parties can agree to a modification of custody, visitation, or support. But each one of those modifications has its own wrinkles and idiosyncrasies. Today is about modification of child support.

Those individuals who have enlisted the help of the Child Support Recovery Unit will know the familiar rule that modification of child support can only be done every 2 years. It is true that the State will only perform an administrative review every two years, but one can hire a private attorney to file a modification at any time, so long as the "substantial change" requirement is met.

Modifications of child support are governed by Iowa Code 598.21C. It allows for consideration of the following factors in determining whether a substantial change in circumstances has occurred: change in employment, resources available, earning capacity, inheritance, gifts, medical expenses, the number of dependents of either party, health of the parties, remarriage, support of another person, changes in the needs of the child, and other factors. 

While proving a substantial change in circumstances in custody or visitation cases is a moving target, where no one is sure whether it has been established until a judge decides the case, modifications of child support are more clear cut. Iowa Code 598.21C specifically provides that the child support obligation must change by 10% or more for a substantial change in circumstances to be proven. That means a child support obligation of $500 a month must, based on new figures, go up or down by $50 a month to warrant modification. In addition, a substantial change in circumstances can be proven in some cases where health insurance becomes available to cover the child.

It frequently happens that the event making child support change (a new job, getting fired, promoted, having another child) happened months or even years before someone hires a lawyer to fix the situation. As a way to prevent harsh results either way, the Code provides that modifications can only be retroactive for three months. That is, when the judge enters the order increasing or decreasing support, it can only go back three months. If child support is lowered, the paying parent will not owe as much for the last three months, and likely have a credit on his or her account. If the child support is increased, the paying parent will already be behind on child support. But the same Code provision allows for a periodic payment plan to catch the paying parent up without making it too burdensome.

The cases decided in this area are so fact-specific as to be of little value for other cases; a small change in facts makes a big change in results. Still, two cases bear mentioning. First, In  re Marriage of Barker, 600 N.W.2d 321 (Iowa 1999) involved child support reduction because Mom was sent to prison. The Court lowered her child support; she was earning $.23 an hour, and she was going to be in prison for years. She had a long term reduction in her earning capacity.

Second, In re Marriage of Koepke, 483 N.W.2d 612 (Iowa App. 1992) involved Dad requesting a modification because Mom's boyfriend was contributing to household expenses. The Court did not consider the boyfriend's contributions. The Court had previously found it would not generally consider even step-parents' contributions, and this was even more concerning. But there are some limited circumstances where the income of a step-parent is at least relevant to, if not directly impacting upon, child support.