Child Support Review Letter

This Child Support Review Letter is a document that can be used either by someone who receives child support or someone who pays child support to request a review of the current child support arrangement. The amount of child support that someone is required to pay is based on the number of children being covered and the child support payer's income. A court will also take into consideration the amount of time the child spends living with each party. So, if any of these important factors change, a person might want to request that the amount of child support that must be paid be either raised or lowered to be in alignment with the new situation. Typically, in most areas, there is either a state child support enforcement unit or a local non-profit organization that works on behalf of the state that will conduct a free review of the current child support obligation. The criteria to qualify for a free review varies by jurisdiction, but typically there is a requirement that at least two years have passed since the current child support amount was established or there is proof of a significant change, such as a change in financial circumstances or custody arrangement, that would substantially change the current support amount if it was recalculated in this new situation. This letter is used to make a request to the state child support enforcement unit or local non-profit organization that a review of the child support obligation take place.

This document should be used if there is already a court-mandated child support order in place. If the parties have not yet gone to court to have a child support arrangement enforced, they can create a Child Support Agreement and then take it to a judge to have their agreement become legally binding and enforceable by the courts. This document is used to request that an authority review the current support arrangement. If one party is not paying support as they are obligated, the child support recipient can use a Child Support Demand Letter to put the child support payer on notice before they end up in court being penalized for their non-payment.

How to use this document

This letter includes everything necessary for the payer or recipient of child support to request that an authority review the current child support arrangement and amend it if they deem that necessary. This letter includes the basic details, such as the names and contact information for both parties, the mailing address that the letter will be sent to, the amount of child support that is currently being paid, and the source of the child support obligation whether that be a divorce decree, child support agreement, or some other legal document. The letter also allows the sender to specify why they are requesting the review of the child support arrangement. These types of reviews are only granted if there has been a significant period of time since the last review or there has been a change in circumstances that would affect the child support calculation. The sender can let the child support authority know whether there has been an increase or decrease in their ability to pay (i.e. a raise, loss of employment, or change in employment), a change in the custody arrangement, or a change in the number of minor children who are being covered by the current child support arrangement.

Once this letter has been completed, it can be signed and mailed via registered mail so that there is an official record of when the demand was sent and when it was received by the recipient.

Applicable Law

Child support is a matter of both state and federal law. Every state except Massachusetts has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). The UCCJEA dictates that child support and custody litigation pertaining to a particular child will occur in that child's home state, defined as the place where they have lived for six consecutive months prior to the litigation. If a child has not lived in any state for six consecutive months, their home state is defined as the state with significant connections to the child and at least one of the parents as well as substantial evidence regarding the child's care. Once a state takes the case, called jurisdiction, they then retain control over the case until a court decides that the child no longer has a connection to that state.

In determining matters related to children, such as child custody, visitation, and support, a Court must approve any arrangement using a "best interests of the child" standard. Generally, if both parents come to an agreement regarding these matters, a Court will be willing to include the agreement in the official legal documents. However, the possibility remains that a Court will require an adjustment of the agreement if they determine that the arrangement is not in the best interests of the children involved.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.