The court has held that for there to be a substantial change in circumstances, the petitioner must show that under the current order, the child's needs are not being met, there has been an unforeseen change in circumstances, and that the child support agreement was unfair when it was made.
There are a few ways to file: Visit the family court where your court order was issued and complete a Support Petition for Modification form (also known as Form 4-11). Call the family court where your child support order was issued and ask them to mail you the Support Petition for Modification form.
Work with your lawyer to persuade the court how the change will benefit the child: Prepare to demonstrate to the judge how your proposed modification to child support benefits your child. Usually, a change on its own won't suffice to justify a modification in child support.
In your letter, you must identify who you are, state specifically what your change in circumstance is, and definitively request a review of your case. You will send this letter to the CSE caseworker assigned to your case in the regional office that enforces your order. You can find that information on the CSE website.
451) parties have the right to seek a modification of a child support order upon a showing of (i) a substantial change in circumstances, or (ii) that three years have passed since the order was entered, last modified or adjusted, or (iii) there has been a change in either party's gross income by fifteen percent or more ...
Another example of a significant or substantial change in circumstances could occur when the current custodial parent adopts a lifestyle that is harmful to the child. Such a lifestyle might include drug addiction or alcohol addiction, although there are a number of other lifestyle changes that might qualify as well.