What Counts as a Substantial Change in Circumstances for Child Support in Hawaii

By the FigureMyTax Editorial Team · How we calculate

In Hawaii, a material change is presumed if guideline support is 10% greater or less than your child support order, and an order 3 years old or more can be reviewed without showing any change. Through the agency, only payments after service can change.

What is a substantial and material change in circumstances for child support in Hawaii?

The family court may revise support, maintenance and education orders for the children on a showing of a change in the circumstances of either party or any child since the prior order (HRS 580-47(c)). The Guidelines add that if the order is less than 3 years old, a party must show a substantial and material change, with examples such as a change in income, in child custody, in the number of children eligible for support, in health care needs or in health insurance coverage costs (Hawaii Child Support Guidelines, section IV.B).

What is the 10% rule for Hawaii child support modification?

A material change of circumstances is presumed if support as calculated under the guidelines is either ten per cent greater or less than the support amount in the outstanding order (HRS 576D-7(d)). The Hawaii child support modification calculator treats exactly 10% as meeting it.

With an $800 order a guideline amount of $1,000 is 25% higher and meets it, and $880 meets it exactly. The Guidelines add that the presumption is not necessarily determinative of whether a modification is ultimately ordered or at what amount.

Can I ask for a review with no change at all?

Yes, if the order is 3 years old or more. The responsible parent or the custodial parent has a right to petition the family court or the agency not more than once every three years for review and adjustment without having to show a change in circumstances; a second request in the same three years needs proof of a substantial or material change (576D-7(e); 580-47(e)).

Does a change in the guidelines count?

Yes. The establishment of the guidelines or the adoption of any modification to them may constitute a change in circumstances sufficient to permit review, and the most current guidelines are used to calculate the support (576D-7(d); 580-47(c)). The guidelines are updated at least once every four years (576D-7(c)).

What about health insurance?

The need to provide for the child’s health care needs through health insurance or other means is a basis for petitioning to modify (580-47(c)). Health insurance is considered reasonable in cost if it does not exceed 10% of the net income of the parent providing it (Guidelines, section III.C.3).

From what date can the order change?

Through the agency, only payments accruing subsequent to service of the request on all parties may be modified, and only on a showing of a substantial and material change; the agency is not stayed from enforcing the existing order meanwhile (HRS 576E-14(b)). Every month before service is lost:

Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).

What happens next?

Read how to modify child support in Hawaii for where to file, and check what stays owed with the Hawaii arrears calculator.

Frequently asked questions

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

This is general information, not legal advice. It is based on the cited Hawaii statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Hawaii attorney.