How to Modify Child Custody or Child Support in Benton County

By Aaron Bundy

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Child Custody Insights , Child Support

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Last Modified on Apr 21, 2026

There’s nothing wrong with adapting to changes in your life. A new job, a pay bump, or even something negative like a job loss can impact your life in many different ways, including making it necessary to adjust a pre-existing custody agreement or change the amount you may be paying in child support. It’s vital that you consider your options and understand how to modify child custody or child support in Benton County. A good lawyer can help you work out a plan.

In a situation like this, it’s always recommended that you hire an experienced Benton County child custody attorney to oversee your case and walk you through the state’s child support laws. Modifying a custody agreement is not easy work, and you need to be able to prove that your situation warrants such changes. Ultimately, your child support case can be complicated, and a skilled lawyer like Aaron Bundy can devote decades of experience to solving it for you.

How to Modify Child Custody or Child Support in Benton County

Modifying a child custody agreement in Benton County starts with filing a petition or motion with the Benton County Circuit Court. It will be necessary to file your modification petition with the same court that handled the original custody agreement.

While a modification may seem like an imposition, it’s vital that you realize cases like yours are common. In 2024 alone, child support recipients in Arkansas received $210,518,799 in child support solely from wage withholding.

Understanding how to modify a child custody or child support agreement begins with consulting the right kind of legal help for your situation. You should hire a child custody lawyer to help you avoid common pitfalls, meet every filing deadline, and develop a strong case that explains your position.

Any changes to a custody agreement in Arkansas must be approved by a judge, and that only happens if the court deems it appropriate. Here are some key aspects in the modification process:

• Show material changes. If you want to modify a child custody agreement, you must demonstrate a significant change in circumstances that justifies amending the agreement. Some common material changes include one parent relocating for work, a parent losing their job, or evidence that one parent is abusive or involved in criminal activity. Make sure your petition includes enough evidence to prove your case.
• Show significant financial changes. If you want to modify a child support agreement, you can only revisit the agreement every 36 months unless the change in income is significant enough to warrant an immediate review. A significant income change would mean a 20% reduction or increase in income or some other significant change in the child’s needs.
• Child’s welfare. You always need to keep in mind that no matter what, the court will always prioritize the welfare of your child. That can sometimes mean denying your modification request or proposing different modification terms that are better for your child.
• Mediation. Before you choose to file a modification petition with the court, you may want to consider sitting down with your ex and a mediator to discuss this situation outside of a courtroom. It’s common for former partners to work things out with the help of a neutral mediator before deciding to litigate. If you can’t reach a modification agreement, then you should pursue things legally.
• File a petition or motion. If you’re modifying a custody agreement, you will file a petition with the Benton County Circuit Court. If you’re modifying a child support agreement, you can work through the Office of Child Support Enforcement (OCSE) or file a Motion to Modify Child Support with the Circuit Court. Make sure you have filed the proper forms and consult with legal guidance before doing anything.

FAQs

Can You Modify a Custody Agreement Without a Lawyer in Arkansas?

Yes, you can modify a custody agreement without a lawyer in Arkansas. You will still need to file a petition with the Circuit Court, prove your significant material change in circumstances, and get approval from a judge. All of those tasks can be much easier with the help of an experienced Arkansas family lawyer. These cases can get complex. A lawyer can help prevent costly mistakes that may arise from misinterpretation.

What Is the Biggest Mistake You Can Make in a Custody Battle?

There are many unfortunate mistakes you could make during a custody battle. One of the biggest and most common mistakes is acting out of revenge and not prioritizing your child’s welfare. Many parents, sometimes unconsciously, may use a custody battle as a way to hurt their ex out of spite, forgetting that their child is caught in the middle of an enormous life change that’s entirely out of their control.

How Do I Modify Child Support in Arkansas?

If you want to modify your child support payments in Arkansas, you need to be able to prove that your income level has changed substantially or that there has been a significant change in your child’s living arrangements. These situations may mean that child support is no longer necessary or that you are in need of more of it. A lawyer can help you file the right motion with the court and argue your position.

Should I Hire a Family Lawyer?

Yes, you should hire a family lawyer. Ultimately, you never know how your case might go. Even a modification case can be unpredictable, especially if your ex tries to disprove your material changes and stop you from changing anything. It can be helpful to have an experienced lawyer in your corner if something were to happen that could potentially jeopardize your case.

Be Sure to Hire a Child Custody Lawyer

The last thing you want is to fail to achieve a modification of your agreement because you didn’t hire a child custody lawyer to oversee your case. At Bundy Law, we can develop a solid argument, help gather evidence, and represent your interests thoroughly. Contact us to speak with a member of our legal team about what we can do for you.