§ 46-204. Amendment of order establishing alimony, child support, or maintenance; award as money judgment.

(a) Any order requiring payment of an amount of child support, regardless of whether the amount of the child support was the subject of a voluntary agreement of the parties, may be modified upon a showing that there has been a substantial and material change in the needs of the child or the ability of the responsible relative to pay since the day on which the order was issued. A showing or proof of a change in circumstances shall not be required to modify a support order that is being reviewed or modified pursuant to § 16-916.01(r)(3) or (r)(4).

(b) An award of alimony, child support, or maintenance is a money judgment that becomes absolute, vested, and upon which execution may be taken, when it becomes due.

(c) No modification of an award of alimony, child support, or maintenance may be retroactive, except that a modification may be permitted for the period during which a petition for modification is pending. The modification may then be permitted from the date on which the opposing party was given notice of the petition for modification according to statute or court rule.

(d) (1) A petition for modification of a child support order filed pursuant to § 23-112 a may be adjudicated after the petitioner has been released from imprisonment.

(2) A petition for modification of a child support order filed pursuant to § 23-112 a(b) shall be deemed filed as of the date the petition is filed in open court during sentencing at a criminal proceeding.

(3) Incarceration for contempt for failure to pay child support pursuant to § 46-225.02 shall not constitute a change in circumstances sufficient to warrant a modification of support under subsection (a) of this section.