A child support order can be changed or modified if there is a material change in circumstance since the original court order of child support. The party seeking to modify child support will need to petition the court, and will have the burden of proving that circumstances have changed in such a manner that the child support order needs to be altered.
The Basics of Child Support
Public policy places a strong emphasis on each parent providing child support for his or her children. As such, each state has set forth formulas that are used to determine the appropriate level of child support based on the time the children spends with each parent, the incomes of both the custodial and non-custodial parents, the special needs of the child, the number of children, the financial obligations each parent has, and a number of other factors. Careful determination goes into an order of child support that is determined using these formulas.
How to Modify Child Support
Child support orders may be changed in one of two ways. The first is that the parents may agree to modify child support in which case they can present that desired change to the court, who will usually approve it provided there is no strong and compelling reason not to. The second is that one parent can seek a change without the approval of the other parent and can petition the court to make the alteration. If the second scenario is the scenario you find yourself in, you need to be aware that getting the court to make a change may not be a simple matter as courts are only going to make a change if there is a good reason to do so.
This good reason is referred to under the law as a material change in circumstance. A number of different things could constitute a material change in circumstances. For example, one of the parents can experience a drastic change in income that may require recalculation of child support obligations. This is usually in regards to a loss of employment or other unavoidable change in income. Another example of a material change in circumstance is a necessary change in the financial cost of raising the child such as an expensive medical diagnosis. Another material change in circumstances might be a change in the custody order that changes the amount of time the child spends with each parent.
There may also be other factors as well that lead to an alteration of child support order modification, depending on the circumstances.
You should consult with a child support lawyer, explain your situation and get advice on when and how to modify child support.
What to expect from The Cherry Law Firm?
It is our sincere goal to offer you big firm experience in a comfortable atmosphere. You will have an expertly drafted and comprehensive property settlement agreement allowing you to live separately and without conflict from your spouse. We enable you to have the most prolific financial security available including providing you with a long-range plan for your financial stability.
When children are involved, these services allow you to focus your attention on the children’s best interests. In relationships without children, it permits parties to go their own separate ways if that is their objective. Above all, the goal is to negate the loose ends and eleviate any residual issues.