Is There a Waiting Period to Apply for Child Support Modifications After a Judge’s Ruling?

Waiting to hear the verdict in child support can be nerve-wracking and the situation can get even more intense if, after the judge’s ruling, you find out your ex is ready to file for modification. There is no on-size-fits-all, cookie cutter explanation for who, when, or why a spouse may decide to file for a child support modification, but there are a few specifics in the process that are concrete.

One question that is asked in regards to child support modification is if there is a waiting period after a judge’s ruling. That is, after the judge decides on who pays and how much, is there a time period that must pass before a parent can apply for the child support to be modified. The answer is a little more complicated than a simple ‘yes’ or ‘no’.

No, there is not a waiting period for you to apply for child support modifications. But, no, you cannot just apply for child support modification because you were unhappy with the results from the judge’s ruling. In order for you to honestly consider applying for modification there needs to be a substantial change in circumstances, due to the fact that the verdict was just given.

If you do decide to apply for child support modifications without there being any substantial change in circumstances, be aware that the action can be seen as engaging in baseless litigation and that can lead to the filing party being hit with fees and other costs from the court.

Although there is not a waiting period to apply for child support modification after a judge’s ruling, you should only apply if there has been a significant change in circumstances.

This post was written by David Hurvitz. Follow David on Google+.