Many times parties will set child support in an out of court agreement.  In order to modify the support amount, a party does not file a motion to modify since there was no order to modify.  Instead, the parties would file a lawsuit asking the court to set child support for the first time.  There is some debate under the case law currently in place in this State that a party must show a court that the amount set in the agreement is inappropriate before the court has the power to set a new amount.  However, this burden appears to be significantly less taxing than to show a substantial change of circumstances.  When, and if, the court sets the child support the order of the court is now controlling and the parties will be entitled to utilize all the remedies available through the courts.