Modifying a Child Support Order

Modifying an Order

 

Every 3 years, any parent can ask the Child Support Services Division (CSSD) to schedule a review and adjustment conference.  At the conference, both parents are asked to provide current information regarding income, childcare expenses, medical insurance availability and expenses, other children in the home, and other child support orders. CSSD uses this information to calculate the possible amount of support to be paid according to the DC Child Support Guidelines. If this new amount is different from the old amount by 15% or more, a motion to modify the order can be filed.

Order Modification (Adjustment) Basics

Change of Circumstances

Substantial and Material Change

Any parent can request a review and adjustment conference, or independently file a motion in court to modify, if there has been a substantial and material change in the needs of the child(ren) or in the payment ability of the parent who was ordered to pay support. CSSD will proceed with a review, outside of the 3-year cycle, only if the requesting parent provides sufficient evidence of substantial and material change in circumstances.

Requesting a Modification of Medical Support

If a child support order does not include medical support, or if the medical needs of a child have changed since the order was entered, a parent can request a review and adjustment conference with CSSD to examine the request for a change in the order's medical support terms. Note that a parent may file an independent motion with the court to add or modify medical support.

The DC Child Support Guidelines

The DC Child Support Guidelines determine the ongoing support amount to be paid by the parent ordered to pay support. By law, information about the parents is used in the formula to calculate the support amount. That information includes, but is not limited to, the following:

  • The incomes of both parents
  • The custodial parent’s childcare expenses
  • Medical insurance expenses for the child(ren)
  • Any other child support obligations for the parent ordered to pay support
  • The number of biological or adopted children living in the household of the parent ordered to pay support

The Order Modification (Adjustment) Process

How to Schedule a Review and Adjustment Conference with CSSD

Contact the CSSD Enforcement Unit at (202) 442-9900, #4 or (202) 724-2316, Monday - Friday, 8:15am - 4:45pm.

Preparing for the Review and Adjustment Conference

Please provide copies of the following before the conference and bring any originals on the day of the conference:

  • Your most recent support order
  • Two current pay statements, if employed
  • Your most recent federal income tax forms and/or W-2 statements
  • Proof of childcare expenses for the child(ren) in the support order
  • Proof of medical insurance coverage and cost for the child(ren) in the support order
  • Proof of any other child support order(s) and proof of payment on the order(s)
  • Proof of any other biological or adopted child(ren) in the home of the person ordered to pay support
  • Any other information that shows there has been a substantial and material change in the needs of the child(ren) or in the payment ability of the parent ordered to pay support

The Review and Adjustment Conference

During the review and adjustment conference, CSSD will estimate the current amount of support owed under the DC Child Support Guidelines. 

If both parents agree to this amount or to another amount, they can sign a consent order that sets a new support amount and start date. However, note that the new support amount will not go into effect until approved by the court.  After the review and adjustment conference, CSSD will file the consent support order with the DC Superior Court.  Once the judge signs it, it becomes effective.

A Motion to Modify Support

When to file a motion to modify: If the parents do not agree to the new guideline support amount after the review and adjustment conference, then a motion to modify must be filed with the court before a support change can be made. CSSD may file the motion to modify, if a substantial and material change in circumstances is shown. However, a parent may independently file a motion for modification, if desired.

How to file a motion to modify: A parent may contact the CSSD Enforcement Unit at (202) 442-9700, #4 or (202) 724-2316 to speak with the case management specialist assigned to the case. A parent also may contact the DC Superior Court Self-Help Center at (202) 879-0096 for additional information.

The modification hearing: The DC Superior Court schedules all court hearings. Generally, a hearing will be scheduled for a time within 45 days following the filing of the motion; however, hearing times vary.

The change in ongoing support: A support order is not changed until a judge signs the order granting the modification. This usually happens after the judge reviews the consent order agreed to by the parents or after a hearing on the motion to modify if the parents cannot agree. It is important to note that some consent orders or motions to modify are not granted, even if CSSD has calculated a possible new guideline amount at the review and adjustment conference. The decision to grant or deny a request for modification is at the discretion of the judge.

Modification (Adjustment) for Incarcerated Parents or Returning Citizens

Modification at the Sentencing Hearing

In 2005, the District of Columbia enacted a law entitled “Notice at Sentencing of Child Support Modification.” The law allows a parent, who has been ordered to pay support and who is being sentenced to 30 days or more for a criminal offense unrelated to child support, to seek a modification of that parent's child support order(s). The law also applies to a parent whose probation is being revoked and who is facing a sentence of 30 days or more.

The law does not automatically suspend support obligations when a noncustodial parent is sent to jail or prison; that parent must formally file a motion to modify the support order. The motion to modify must be filed at the time of sentencing or during imprisonment to affect ongoing support payments that come due while the parent is incarcerated. Also, if a modification is sought, it can only be granted for the period from the date of the motion's filing and forward. According to federal law, after being released from prison a parent may not ask the court to modify a child support order retroactively (that is, for an earlier period).

Also, a child support order may not be subject to modification if the parent is found to have the ability to pay support while incarcerated or if the parent is incarcerated for nonpayment of a child support order.

Post-Release Child Support

When a parent is released from jail or prison, that parent should contact CSSD immediately to provide a current address and updated financial information. If appropriate, CSSD will file a motion to reinstate child support. Depending on the paying parent's current financial circumstances, however, the order could be the same, higher, or lower. 

For additional information, visit: Incarcerated and Returning Parents.

Medical Support

Medical

DC Law 17-128, the Child Support Compliance Amendment Act of 2007, provides that every child support order must contain a provision for medical support for each child.  This could be a provision for health insurance, cash medical support, or both.  In all cases in which health insurance coverage is available at a reasonable cost, the court will order either or both parents to provide health insurance coverage.

Under the law, the court must consider, at a minimum, the cost, comprehensiveness, and accessibility of all health insurance available to the parents when selecting from among the available insurance coverage options.  If accessible health insurance coverage is not available to either parent at a reasonable cost, or if a child's medical expenses are not fully covered by health insurance, the court will order either or both parents to pay cash medical support.

Frequently Asked Questions -- Medical Support

How is medical support defined?

Cash Medical Support

An amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent, through employment or otherwise, for extraordinary medical expenses or for other medical costs not covered by insurance

Reasonable Health Insurance Coverage

Health insurance coverage costs that do not exceed five percent (5%) of the parent’s gross income

Accessible Health Insurance Coverage

Health insurance coverage that, based on the work history of the parent providing the coverage, meets both of the following criteria:

  • will be available for at least 1 year
  • is available because the child lives within the geographical area covered by the plan or within 30 minutes or 30 miles of primary care services

Comprehensive Health Insurance

Health insurance coverage that offers a broad and inclusive array of health services 

Extraordinary Medical Expenses

Uninsured or unreimbursed medical expenses in excess of $250 per year per child that include the following:

  • Co-payments
  • Deductibles
  • Contributions associated with public and private health insurance coverage

How will a parent's employer be notified about medical support?

When the support order requires a parent to provide health insurance coverage for the child(ren) and employer information is known, CSSD will send a National Medical Support Notice (“NMSN”) to the employer.  The employer will receive a NMSN unless the support order directs enrollment of the child(ren) in alternative coverage.

Also, when a parent, who is ordered to provide medical insurance, becomes a newly hired or re-hired employee, CSSD will submit a NMSN to that parent's new employer within 2 business days of the employer updating the DC Directory of New Hires (“NDNH”) with the information about that parent's hiring.

What are a parent's responsibilities?

When the court orders one parent or both parents to obtain or maintain health insurance through an employer, the ordered individual is responsible for ensuring that the employer/payroll office processes the NMSN in a timely manner.  If there is more than one health insurance plan available for a parent to select, the parent must to choose the preferred plan within 10 business days or CSSD will select a plan.

General Questions - FAQs

Frequently Asked Questions -- COVID and Post-COVID Operations

Is the Child Support Office open? How can I get services?

The Child Support Services Division has reopened on a hybrid basis. We continue to offer child support services by telephone, email, and other virtual means. However, as of April 18, 2022, CSSD also began to see customers in office by appointment. Please contact the CSSD customer service team at (202) 442-9900 to schedule an appointment.

I heard that the court is experiencing delays? When will my case go to court?

Although there has been significant progress in slowing the COVID pandemic, COVID-related case processing delays continue both at CSSD and with the DC Superior Court. Notices regarding scheduled hearing dates are mailed out from DC Superior Court. Please visit the DC Superior Court website at https://www.dccourts.gov for more information about the court. Also visit oag.dc.gov/coronavirus for additional information regarding the Office of the Attorney General on this matter.

I am a parent and lost my job. Can I get my support modified (up or down)?

It may be possible to have support adjusted because of job loss.

Note that, if your order is less than 3 years old, CSSD may not be able to proceed until the change in income has lasted for 3 months and is expected to last for another 3 months. Additionally, any change to your child support obligation must be ordered by the court. 

For more information about the DC Superior Court’s operation and COVID-19 plan, please visit the court's website  at https://www.dccourts.gov. Information also may be available by accessing the main Office of the Attorney General site at oag.dc.gov/coronavirus. To reach CSSD with questions, please contact us by telephone at (202) 442-9900 during normal business hours (8:15 am-4:45 pm Monday-Friday) and/or through the customer service email: cssdcustomerservice@dc.gov.

Federal Parent Locator Service

The Federal Parent Locator Service (FPLS) is a national computer matching system operated by the Federal Office of Child Support Services (OCSS). The Child Support Services Division (CSSD) uses the FPLS to locate parents, when their whereabouts become unknown during parentage or child support service efforts.  The FLPS also can identify child support cases in other states that involve the same family/case members.

Frequently Asked Questions -- Federal Parent Locator Service

How is the FPLS structured?

The FPLS contains two databases:

  1. Federal Case Registry (FCR): Created in 1998, the FCR is a national database that has information about people involved in child support cases and with child support orders.
  2. National Directory of New Hires (NDNH): Created in 1997, this is a central database that stores information regarding employment, unemployment benefits, and wage data for individuals.

The FPLS also can access information from outside locate sources, including the Internal Revenue Service (IRS), the Social Security Administration (SSA), and the Federal Bureau of Investigation (FBI).

How does the FPLS help CSSD to locate parents?

The FPLS works specifically to help CSSD and child support programs in other states.

The FPLS performs automatic data matches between the FCR and the NDNH to determine the most up-to-date employment information for a parent involved in a case, including quarterly wage information. 

The FPLS then transmits the data to each state in which the parent has a case. Once CSSD receives data from the FPLS regarding a parent, CSSD is able to take appropriate action to establish, modify, or enforce a child support order.  

The FPLS also does an automatic search to determine all states that have a common interest in the same individual for child support purposes.

CSSD can ask the FPLS to search databases of other federal agencies, including the Internal Revenue Service (IRS) and the Social Security Administration (SSA), to assist in locating parents ordered to pay support and any assets they have in order to establish, modify, or enforce a child support order.

Can parents request information from the FPLS?

No, parents involved in child support cases cannot make direct requests to the FPLS for information.  Any requests to the FPLS must come from an authorized CSSD staff member and be transmitted through CSSD’s Parent Locator Service.

What kinds of data about a parent is stored in the FPLS?

  • Full name
  • Employer’s name and  address
  • Date of birth
  • Social security number
  • Home address
  • Salary/wage amount

Under Federal and District law, all employers are required to provide information to CSSD and the FPLS upon request for the purpose of locating parents to establish, enforce, or modify child support orders.

In the District of Columbia, employers must supply data to CSSD regarding all new or rehired employees within 20 days of the date the employee is hired. The information may include:

  • Employee’s name
  • Employee's address
  • Employee’s social security number
  • Employee’s date of birth
  • Employee’s hire date
  • Employee’s salary or wages amount
  • Employer’s name and address
  • Employer’s identification number from the IRS

How is the information collected for child support purposes safeguarded ?

Federal law requires all states to protect the confidential information maintained by state child support agencies, including CSSD.  The Federal OCSE has developed safeguards for the FPLS that meet the following requirements:

  • Ensure the security, accuracy, and completeness of information.
  • Restrict access to confidential information to authorized persons for authorized purposes.
  • Require states to implement policies and procedures to ensure the integrity, accuracy, and completeness of data in their automated systems and to prevent unauthorized use and disclosure of the data.

Changes in Custody

Changes in custody may have an impact on child support obligations and raise a range of questions for a child's parent(s) or caregiver(s).

Frequently Asked Questions -- Custody Changes

What is a natural parent and what are that person's duties?

A natural parent is either the biological mother or father of a child.  A natural parent has the responsibility to meet the child’s basic needs and provide financial, medical, and other support for the child until the child reaches the age of twenty-one (21) unless the parent-child relationship has been severed legally.

What happens if only one parent has custody?

The parent without custody -- the noncustodial parent -- must financially support the minor child by paying child support, including providing health insurance coverage and/or cash medical support for the child(ren). Child support will be calculated according to the income of both parents under the District of Columbia Child Support Guidelines.

How do the different types of custody granted by the court affect child support awards?

There are various types of custody arrangements that can be awarded. However, for purposes of child support, the child support guideline is based on the percentage of physical overnights spent by a minor child with a parent.

  • When the child spends 35% or more physical overnights during the calendar year with each parent, the court will calculate the child support award based on the shared physical custody calculations under the guideline.
  • If the child spends less than 35% of the calendar year with one parent, then child support will be calculated based on sole physical custody.

What do the terms "third-party legal custody" and "de facto parent" mean?

Both terms relate to custody situations in which the court has granted custody to an individual who is not the child's natural parent. The third-party legal custodian or de facto parent has the legal responsibility to make decisions regarding the child’s health, education, and general welfare.

Is the natural parent still responsible to pay child support when there is a third-party legal custodian or de facto parent?

Yes. An award of custody to a third party or de facto parent does not terminate the parent-child relationship. This means the residual parental rights and responsibilities remain with the natural parents, including the responsibility for support after transfer of legal custody or guardianship of the minor.

Can child support be ordered for a child in foster care and in the legal custody of DC's Child & Family Services Agency (CFSA)?

When a child is placed in foster care, the court transfers responsibility for the child's care and maintenance to CFSA. However, the natural parents keep both certain legal rights and responsibilities after the custody transfer to CFSA, including but not limited to the following:

  • the right to visitation
  • the right to consent to adoption
  • an obligation to provide support, if not hindering reunification
  • the right to determine the child's religious affiliation

Accordingly, under DC law, because the natural parents keep their respective residual parental rights and responsibilities, they still may be responsible for child support. Any ordered child support would be assigned to the District of Columbia in return for the assistance provided by CFSA.

What happens to a child support order that was entered before the child was committed to CFSA?

Any existing child support case would be closed. Arrears that became due under that prior order would remain open and must be paid.

However, CFSA would become the child's new custodian and a new child support case would be opened so that a new support obligation could be set or the payee changed to CFSA.

What happens to child support if the CFSA case closes?

If the child is returned home or CFSA closes its case otherwise, the parent(s) still would be responsible for child support.  The original pay order would be transferred to the custodial parent or new legal custodian.

What is a permanent guardianship?

A permanent guardianship is created when the court enters an order that gives the duty and authority to another adult to make important decisions in matters having a permanent effect on the life and development of the minor. A guardianship ends when the minor reaches age 18 or marries. However, if the court finds that it is in the child's best interest and if the child consents, the court may retain jurisdiction over the guardianship until the child reaches age 21.

Does the appointment of a permanent guardian terminate the parent-child relationship?

A court order establishing a permanent guardianship does not terminate the parent-child relationship. A natural parent still has a responsibility to provide child support, as ordered, and the child's guardian becomes the recipient of the payments.

Does a person have an obligation to provide child support if parental rights have been terminated?

By entering an order terminating a person's parental rights, the court severs the parent-child relationship. From that point forward, the natural parent, whose parental rights were terminated, is not responsible for child support.

What is the impact on child support if a parent consents to a child's adoption?

In order for a child to be adopted by a new parent or set of parents, the natural (or prior adoptive) parent-child relationship must be terminated. Therefore, all ongoing child support responsibilities end for the natural parents once the court orders their parental rights to be terminated.

Will a natural parent still owe arrears after a termination of parental rights and the entry of an adoption?

A natural parent would continue to owe support arrears that preceded the termination of parental rights or the final decree of adoption. However, that parent would not be responsible for support payments from the date of the termination order or the adoption decree and thereafter.

May a natural parent relinquish parental rights to a child?

Parents are free to relinquish parental rights to their children. When that occurs, the child-placing agency accepts permanent care and guardianship of the minor child and may consent to an adoption of the minor child.

The legal effect on child support for relinquishment would be similar to a termination of parental rights and/or adoption; that is, the relinquishing parent no longer is responsible for ongoing child support payments. However, that parent still is responsible for child support that became due prior to executing the relinquishment of parental rights.

Are a parent's rights and responsibilities the same under the District's Domestic Partnership Act?

Parents in domestic partnerships do have the same parental rights as a natural parent. That parent also would be responsible for child support if any of the following domestic partnership scenarios apply:

  • The domestic partnership was in place at the time of the child's conception or birth.
  • The domestic partnership was entered between conception and birth and the child was born during the domestic partnership.
  • The child was born within 300 days after the domestic partnership ends.

Services

We're Here to Help

CSSD provides a range of services to the parents or caregivers of children. Select from the list below to learn more about CSSD services.

Learn more about

Opening a Child Support Case

All children have the right to financial support from both parents, and opening a child support case is the first step in that process with CSSD.  For more information, visit: Opening a Child Support Case.

Managing a Case

After a child support case is opened, the process of managing the case begins, and each step is intended to move toward the ultimate goal: getting support for the child(ren). For more information, visit: Managing a Case.

Establishing Parentage and Paternity

Because a child's parents have a legal obligation to provide support, a critical first step in every case is determining parentage. Learn about the voluntary and contested ways parentage can be established. For more information, visit: Establishing Parentage and Paternity.

Establishing a Child Support Order

The child support order outlines the specifics of the financial and/or medical support to be provided by the child(ren)'s parents. For more information about the establishment of consent and contested child support orders, visit: Establishing a Child Support Order.

Enforcing a Child Support Order

Once an order is entered, enforcement must occur so that the child(ren) can receive the intended support. For more information about the establishment of consent and contested child support orders, visit: Enforcing an Order.

Modifying a Child Support Order

At times, family circumstances change, and the change may prompt a support order modification. For more information, visit: Modifying an Order.

Working with CSSD in Interstate Cases

When a child's parents live in different states, case processing follows unique rules. For more information, visit: Working with CSSD in Interstate Cases.

Obtaining Information about Your Case

Ongoing case information is important and is available from CSSD in several ways. For more information, visit: Obtaining Information about Your Case.

Using the Child Support Tip Line

Use the Child Support Tip Line to give information anonymously to help find noncustodial parents. For more information, visit: Using the Child Support Tip Line.

Accessing CSSD Language Support

CSSD is able to provide help to many customers in their native languages so that they are able to participate in the process fully. For more information, visit: Accessing CSSD Language Support.

Additional Information

For more information about child support generally, visit the Understanding Child Support webpage sponsored by the federal Office of Child Support Services (OCSS).

Miscellaneous Resources

Clothing:

Dress for Success
1126 16th Street, NW Suite 601, Washington, DC 20005
(202) 269-4805

Martha's Outfitters
2204 Martin Luther King, Jr. Avenue, SE, Washington, DC 20020
(202) 885-9613

Suited for Change
1023 15th Street, NW, Suite 601, Washington, DC 20005
(202) 293-0351

Information and Referrals:

211 Answers Please
64 New York Avenue, NW, 6th Floor, Washington, DC 20002
(202) 671-4200

American Red Cross:

National Capital Area Chapter -- Regional Headquarters
8550 Arlington Boulevard, Fairfax, VA 22031
(703) 584-8400

Social Security Administration:

1905 9th Street, NE, Washington, DC 20018

2041 Martin Luther King, Jr. Avenue, SE, Suite 130, Washington DC 20020

1300 D Street SW, Washington DC 20024

(800) 772-1213

Substance Abuse Resources

AboutFace, Inc.

1629 K Street NW, #300, Washington, DC 20006
(202) 508-3893

Al-Anon/Alateen Washington, DC Metro Area

278 Carroll Street NW, Washington, DC 20012
(202) 635-2023 (Contact to find meetings throughout the Metropolitan area)

Alcoholics Anonymous (Washington Intergroup Association)

4530 Connecticut Avenue NW, Suite 111, Washington, DC 20008 
(202) 966-9115

Clean & Sober Streets

425 2nd Street, NW, Washington, DC 20001
(202) 783-7343 or (202) 783-0101

Samaritan Inns

2523 14th Street, NW, Washington, DC 20009
(202) 328-2833

Kolmac Outpatient Recovery

1411 K Street, NW, Suite 703, Washington, DC 20005
(202) 794-8900

Salvation Army

2626 Pennsylvania Avenue, NW, Washington, DC 20037
(202) 756-3913 (National Capital Area Command)

2100 New York Avenue, NE, Washington, DC 20002
(202) 269-6333 (Harbor Lights Command)

3335 Sherman Avenue, NW, Washington, DC 20010
(202) 829-0100 (Sherman Avenue Corps)

2300 Martin Luther King Avenue, SE, Washington, DC 20020
(202) 678-9773 (Solomon Brown Corps)

Shelter and Housing Resources

Anna Cooper House

1338 R Street, NW, Washington, DC 20009
(202) 328-6644

Coalition for the Homeless

1234 Massachusetts Avenue NW, Suite C-1015, Washington, DC 20005
(202) 347-8870

DC Housing Authority

1133 North Capitol Street NE, Washington, DC 20002
(202) 535-1000

La Casa Transitional Rehabilitation Program

1131 Spring Road NW, Washington, DC 20010
(202) 882-1237

The Webster House

4326 14th Street NW, Washington, DC 20011
(202) 722-4544

Park Road Transitional Program

1318 Park Road NW, Washington, DC 20010
(202) 328-9680

Frederic Davison House Work Bed Program

87 New York Avenue NW, Washington, DC 20001
(202) 635-8361

Mickey Leland Work Bed Program

455 & 457 Florida Avenue NW, Washington, DC 20001
(202) 588-1375