Child Support Modification

Child Support Modification2019-04-02T15:13:11+00:00

Whether it is a job loss or a change in income, you can still ask for a child support modification even after the judgement was issued. The payment amount can be decreased or increased in specific situations. For instance, it can be increased if the financial needs of your child have changed or can be decreased if you lose a job.

Taking a Look at Child Support Modification

It is important to keep in mind that child support modifications are not automatic. You cannot easily change the child support order solely because the factors that went into computing your child support payment have changed.

There are many circumstances under which court can modify the child support order.

A Substantial Decrease Or Increase In Either Parent’s Income

The parent providing support or the parent receiving support may request a change in child support payments if they had a significant change in their income – either for the better or for worse.  A loss of a job or a promotion are common reasons behind a significant change in income.

A Change In The Needs Of The Child

The needs of children increase as they grow. Some might start to get involved in after-school activities or might need to secure their physical health. A custodial parent can seek additional support in order to assist in the expenses associated with a growing child.

Parent’s Disability Or Illness

One parent could also seek child support modification if he or she is not capable of supporting the child on the current amount due to his/her illness or disability.

An Increase In Familial Responsibilities

If you marry/remarry or have more children, you can seek to decrease your child support obligation to one child in order to provide support for your other children.

3 Years Have Passed Since The Order Was Established 

Either parent is entitled to seek a modification when 3 years have elapsed since the child support order was created. The court will look again at the income and obligations of both parties to determine if a new support amount should be issued or if the current amount reflects accurately.

If both the parents settle for an agreement about the new amount of child support, they can simply write it as a stipulation and give it to the judge for signing and having it become a new order. But if one parent doesn’t agree on the modification, the other parent can file a motion with the court requesting for a modification.

Permanent vs. Temporary Child Support Modification

The court can either grant a permanent or temporary modification of child support. When we say temporary child support modification, it refers to a massive one-time expenditure for the child’s needs, like the cost of school uniforms or dental braces. On the other hand, permanent child support modification reflects a substantial change in the child’s needs.

Get A Family Law Lawyer

The process of modifying a support can be complicated, especially if neither party can agree on a child support amount. Hence, you need to contact a family law lawyer and seek the assistance you need.

Child support obligations are both financially and emotionally taxing on both sides of the parents, even in children. In most cases, the modification is necessary for the purpose of maintaining a balance between the two households. It can significantly contribute to the overall wellbeing of a child.