In Hawaii, child support agreements are not set in stone. Circumstances can change, and either parent may request a modification to the current child support arrangement.
If your co-parent makes this type of request, it is important to know your options and how to respond.
Understand the reason for the modification
A parent can request a child support modification if there has been a significant change in circumstances. This could include a job loss, a pay increase or a change in custody arrangements. Increased needs of the child could also be a factor, such as new medical expenses or educational costs. Hawaii courts require that the change in circumstances be substantial and permanent to justify a modification.
Respond to the modification request
If your co-parent requests a modification, the first step is to review the reasons behind the request. If the reasons appear valid, you might choose to cooperate with your co-parent to help avoid a long legal process. Hawaii law prioritizes the best interests of the child, so showing a willingness to support necessary changes can reflect positively during court proceedings if the issue escalates.
Dispute a modification request
If your co-parent’s request for modification seems based on inaccurate information or circumstances that have not significantly changed, it is possible to dispute the modification. For example, if the co-parent claims a job loss but is still earning other income, this could be grounds for challenging the request. Document financial information and gather evidence to show why the current child support agreement should stay in place.
Mediation as an option
Mediation may offer a path to resolving child support modification disputes. This process involves both parents working together to reach a compromise without taking the case to court. Mediation can often result in faster, less stressful outcomes while still considering the needs of the child.
Even if both parents agree to a modification, the court will need to review and approve any changes. The court will determine if the proposed modification aligns with Hawaii’s child support guidelines and whether it serves the child’s best interests.