§ 660 - Modification
§ 660. Modification
(a) On motion of either parent or any other person to whom support has previously been granted, or any person previously charged with support, and upon a showing of a real, substantial and unanticipated change of circumstances, the court may annul, vary or modify a child support order, whether or not the order is based upon a stipulation or agreement. If the child support order has not been modified by the court for at least three years, the court may waive the requirement of a showing of a real, substantial and unanticipated change of circumstances.
(b) A child support order, including an order in effect prior to adoption of the support guideline, which varies more than ten percent from the amounts required to be paid under the support guideline, shall be considered a real, substantial and unanticipated change of circumstances.
(c) Receipt of workers' compensation, unemployment compensation or disability benefits shall be considered a real, substantial and unanticipated change of circumstances.
(d) A motion to modify a support order under subsection (b) of this section shall be accompanied by an affidavit setting forth calculations demonstrating entitlement to modification and shall be served on other parties and filed with the court. Upon proof of service, and if the calculations demonstrate cause for modification, the clerk of the court shall enter an order modifying the support award in accordance with the calculations provided, unless within 15 days of service of, or receipt of, the request for modification, either party requests a hearing. The court shall conduct a hearing within 20 days of the request. No order shall be modified without a hearing if one is requested.
(e) An order may be modified only as to future support installments and installments which accrued subsequent to the date of notice of the motion to the other party or parties. The date the motion for modification is filed shall be deemed to be the date of notice to the opposing party or parties.
(f) [Deleted.] (Added 1985, No. 180 (Adj. Sess.), § 8, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 23; 1995, No. 59, § 8; 1997, No. 63, §§ 6a, 8, eff. Sept. 1, 1997; 2003, No. 159 (Adj. Sess.), § 7.)