Quick answer: In Hawaii, a material change of circumstances is presumed if support under the guidelines is 10% greater or less than your existing order. An order that is 3 years old or more can be reviewed without showing any change. Through the agency, only payments accruing after service of your request can be changed.
This Hawaii child support modification calculator applies the rules in HRS 580-47 and the Hawaii Child Support Guidelines. Enter your current order and the amount the guidelines give today (you can get it from the Hawaii child support calculator) and it shows whether you can ask for a review, whether the 10% presumption is met and what the difference adds up to after service. The presumption is not decisive, and support can go up even if you ask for a decrease.
Hawaii child support modification at a glance
| Rule | What Hawaii says |
|---|---|
| Standard | A change in the circumstances of either party or any child since the prior order (HRS 580-47(c)) |
| 10% presumption | A material change is presumed if guideline support is ten per cent greater or less than the outstanding order (HRS 576D-7(d)) |
| 3-year review | Review and adjustment not more than once every three years without showing a change; more often on proof of a substantial or material change (576D-7(e)) |
| Agency route | Only payments accruing after service of the request on all parties may be modified (HRS 576E-14(b)) |
| Health care | The need to provide for the child’s health care through insurance or other means is a basis to modify |
| Both ways | Support can increase even when the request is for a decrease, and decrease when the request is for an increase |
How does child support modification work in Hawaii?
- Know the 10% presumption and the 3-year review. See what counts as a substantial and material change in Hawaii.
- File with the court or the agency. See how to modify child support in Hawaii.
- Income problems. See lowering child support after job loss or incarceration in Hawaii and, for what stays owed from before service, the Hawaii child support arrears calculator.
What does this modification calculator check?
The calculator checks the 10% line (exactly 10% counts), the 3-year rule, and shows the monthly and accrued difference. It cannot decide whether the court or hearings officer will modify. The months before service are the ones you cannot recover through the agency.
Frequently asked questions
How much does child support have to change to be modified in Hawaii?
A material change of circumstances is presumed if support calculated under the guidelines is 10% greater or less than the support in the existing order. The presumption is not necessarily decisive.
Can I modify Hawaii child support without a change in circumstances?
Yes, if the order is 3 years old or more: a parent can request a review and adjustment once every three years without showing a change.
From what date can Hawaii child support change through the agency?
Only payments accruing after the request is served on all parties may be modified, and the agency is not stayed from enforcing the existing order meanwhile.
Can Hawaii child support go up if I ask for a decrease?
Yes. Child support may increase even when the request is for a decrease, and decrease even when the request is for an increase.
Where do I file to modify Hawaii child support?
With the family court or with the Child Support Enforcement Agency; they have concurrent jurisdiction.
Official sources
- HRS 580-47: support orders; modification
- HRS 576D-7: guidelines; 10% presumption; 3-year review
- HRS 576E-14: modification of administrative and court orders
- Hawaii Child Support Guidelines (Judiciary), section IV: modifying child support
- 42 U.S.C. 666(a)(9): no retroactive modification of support already due