Child Support Modification in D.C.

By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 31, 2024

The District of Columbia recognizes the need to modify child support orders. Not much in life stays the same. Unexpected events can upset routines and make meeting obligations difficult or even impossible.

Parents making child support payments may struggle due to changes in their lives. While the primary concern is acting in the child's best interests, the District also strives to keep payments manageable.

This article will examine when child support agreements are open to modification, explain what information you'll need to gather, and walk you through the District's child support modification process.

District of Columbia Child Support Basics

Before modifying a child support agreement, learn what child support is and how it functions in the District of Columbia. The requirement for states and the District to administer child support payments became federal law as Title IV-D of 1975's Social Security Act.

Child support ensures that children of parents who aren't married or in a relationship get adequate financial support. The District uses an income shares model with the D.C. child support guidelines to determine child support obligations for each parent. The noncustodial parent is usually the one making child support payments.

The child's needs include necessities like food, clothing, shelter, educational expenses, childcare expenses, and more. Parents also must pay health care premiums and cover extraordinary medical expenses for their children. The premiums shouldn't exceed 5% of the parent's gross income.

Determining exact child support payments is a detailed and complicated process. FindLaw's District of Columbia Child Support Calculation article breaks down the procedure. The Child Support Services Division of the Office of the Attorney General (CSSD) handles all aspects of child support in the District and can answer your questions.

All child support payments in the District get collected and distributed by the CSSD. CSSD also enforces child support. In most child support cases, the parent's employer takes the payment directly from a parent's paycheck. This is wage withholding. All payments get sent to Child Support Clearinghouse.

Accepted Reasons for Modification

Feeling like your child support obligation is too much money often isn't enough to merit a modification. Given that the cost of living usually rises and rarely falls, the District of Columbia allows a child support review and adjustment conference with the CSSD.

Both parents can show financial information, including changes in income and expenses. The CSSD plugs these numbers into the guidelines to determine a new possible amount of support. If there's a difference of at least 15% from the amount in the order, the child support order is eligible for a motion to modify.

If the original child support order didn't include medical support or the child's medical needs have changed, a parent can request a review and adjustment conference. This is not subject to the three-year timeline. Parents can also file in court for medical modifications. Speak with a District of Columbia family law attorney for help with this.

A parent can request a review and adjustment conference with the CSSD if there has been a substantial and material change in circumstances. The three-year timeline doesn't apply to this. The parent must provide evidence of the significant change for the CSSD to proceed with a review. Changes can include:

Addition of children not under the child support order to either household
Child support payments to another birth parent
Change or start of alimony payments
Custody arrangement change (from sole to shared or shared to sole)
Extraordinary medical expenses for the child
Increased health insurance premiums for the child
Nonvoluntary loss of employment for either parent (quitting a job without good cause or not making an active effort to search for new employment will not get a modification for lower income)
Payments take the parent below the self-support reserve
Serious illness of either parent

Incarceration of a parent can cause automatic modification of child support payments. Under D.C. law, any parent with a child support payment obligation sentenced to more than 30 days in jail can petition to modify or suspend their payments while incarcerated.

How To Apply for Modification of Your Order

The custodial and the noncustodial parent can petition to modify an existing child support order. The CSSD recommends following these steps:

1. Schedule a Review and Adjustment Conference With the CSSD

Whether for a three-year review or a substantial and material change in circumstances, scheduling a meeting with the CSSD is the first step. Conference scheduling is available at the following numbers Monday to Friday between 8:15 a.m. and 4:45 p.m.:

CSSD Enforcement Unit — (202) 442-9900, #4
CSSD — (202) 724-2316

Availability will vary due to demand.

2. Preparation

If you're requesting a change in your child support order, the burden of proof falls on you. Prepare for your conference by gathering and reviewing all the paperwork you'll need ahead of time. This should include the following:

The child support order
Two current pay statements, if employed
Your most recent federal income tax forms or W-2 statements
Proof of medical insurance coverage and cost for the child in the support order
Proof of childcare expenses for the child in the support order
Proof of any other child support orders and proof of payment on the orders
Proof of any other biological or adopted children 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 children or in the payment ability of the parent ordered to pay support

Include any other expenses, income, or changes in circumstance that might be important. If youre injured, bring copies of your medical expenses. If the payments have caused your income to fall below the self-support reserve, bring proof for the CSSD. You can get a rough estimate using the District of Columbia Child Support Guidelines Calculator. But this isn't an official amount.

3. Attending the CSSD Review and Adjustment Conference

At the conference, the CSSD agent will examine the new information. They'll plug it into the guidelines to determine new child support payment amounts. If both parents agree with the new totals, they can sign a consent agreement accepting them as the new payments. A judge will still need to approve it.

If the parents don't agree, they must file a motion. If the new amounts are at least 15% different from the originals or there was a substantial and material change, the CSSD will file the motion. A parent can also independently file a motion to modify a child support order even if the 15% threshold wasn't hit.

4. Going To Court

Parents filing an order can do it themselves or hire a District family law attorney. Forms are available online. It helps to speak with one of the following:

CSSD Enforcement Unit — (202) 442-9700, #4
CSSD Case Management Specialist assigned to the case — (202) 724-2316
D.C. Superior Court Self-Help Center — (202) 879-0096

You should expect a court hearing within 45 days of filing. The judge will use the guidelines at the hearing to approve or deny the modification request. The modification is not official until the judge signs the order.

District of Columbia Child Support Modification — Summary

Life changes come fast and hard, and they can affect your ability to pay child support or make do with what the other parent provides. The table below recaps what you've learned about D.C. child support modification for easy reference.

District of Columbia child support modification code statutes	District of Columbia Official Code Title 16 — Particular Actions, Proceedings, and Matters Chapter 9 — Divorce, Annulment, Separation, Support, Etc. D.C. Code Section 16-916 (maintenance of spouse or domestic partner and minor children; maintenance of former spouse or domestic partner; maintenance of minor children; enforcement) D.C. Code Section 16-916.01 (child support guideline) D.C. Code Section 16-916.01a (appendices I. Schedule of Basic Child Support Obligations, II. Worksheet A: Sole Physical Custody, and III. Worksheet B: Shared Physical Custody to follow) D.C. Code Section 16-916.02 (child support guideline commission) D.C. Code Section 16-916.03 (proceedings in which child support matters may be considered) D.C. Code Section 16-924 (expedited judicial hearing for child support) Title 23 — Criminal Procedure Chapter 1 — General Provisions D.C. Code Section 23-112a (notice at sentencing of child support modification) CSSD Child Support Guideline Online Calculator (for estimation only)
District of Columbia child support review and adjustment conference	Once every three years, parents can request a child support review and adjustment conference with the Child Support Service Division (CSSD). Parents must supply updated information for the following: Income Childcare expenses Medical insurance availability Medical expenses and costs Other children in the home not in the child support order Other child support orders involving either parent The amounts are applied to the D.C. Child Support Guidelines. The parents can agree to the new amounts and sign a consent order. This requires court approval. Either parent can file a motion to modify the order if the new amount varies by at least 15%. (D.C. Code Section 16-916.01; CSSD - Modifying Orders)
Possible substantial and material changes of circumstances to modify child support payments in the District of Columbia	Either parent can request a review and adjustment conference independent of the three-year constraint if there has been a substantial and material change in the needs of the child or in the noncustodial parent's ability to meet their child support obligation. Changes that merit a modification in the child support order may include: Increased health insurance premiums for the child Extraordinary medical expenses for the child Nonvoluntary loss of employment for either parent Serious illness of either parent Start of or change to alimony payments Child support payments to another birth parent Addition of children not under the child support order to either household The payments take the parent below the self-support reserve Incarceration of a parent Custody arrangement change (from sole to shared or shared to sole) Other situations may qualify. (D.C. Code Section 16-916.01; CSSD - Modifying Orders)
District of Columbia child support modification process	The District of Columbia child support order modification process involves the following steps: Schedule a review-and-adjust conference with the CSSD Gather financial, medical, and other information Meet with the CSSD representative and the other parent to try to agree on child support order adjustments with a consent order If no consent order is reached, file a motion to modify the order with the Family Court Central Intake Center (CSSD can file if there's at least a 15% change; otherwise either parent can file) and schedule a hearing (often within 45 days) Attend the court hearing and make your case; the decision comes from the judge Parents can hire counsel. If you're overwhelmed or confused by the modification process, get legal advice or representation from a District family law attorney. (D.C. Code Section 16-916.01; D.C. Code Section 16-924; CSSD - Modifying Orders)
District of Columbia child support modification for incarcerated parents	An incarcerated parent may file a motion with the Superior Court, but the CSSD has specific policies. CSSD may file on behalf of an incarcerated parent after getting notice of the non-custodial parent's sentence for incarceration for more than 30 days. CSSD may not oppose a request for modification by an incarcerated parent if the following are true: The parent has an active child support order that continues to accrue The parent has been sentenced to a term of incarceration for more than 30 days The parent is incarcerated as the result of a charge other than failure to pay child support The parent has insufficient financial assets to meet child support obligations (such as bank accounts or other sources of income) (D.C. Code Section 16-916.01; D.C. Code Section 23-112a)

Disclaimer: D.C. laws change through the passage of new legislation, rulings in the higher court rulings that include federal decisions, ballot initiatives, and other means. While we strive to provide the most up-to-date information available, please consult a District family law attorney to confirm current Washington, DC laws.