When parents with minor children get a divorce, child support payments become an essential part of a court order. This order ensures a child receives the necessary support from both parents. Sometimes, modifying a child support order may be required as circumstances change. Understanding when this order can be modified to avoid lawsuits is essential. Also, this increases your chances of succeeding in your petition. Speak with your divorce attorney to get your questions about child support answered.
When Child Support Modification is Possible
During a court hearing, a judge will look into the claims of both parents and determine whether it is appropriate and necessary to modify child support. The modification can mean increasing, decreasing, or terminating support. In general, modifying child support orders is only allowed if there is a significant change in circumstances if it has been at least three years since the enforcement or modification of the initial order, and if both parents agree upon the modification proposal. A family judge will decide based on the child’s best interest and whether it’s legal.
Understanding Significant Changes in Circumstances
A child support modification can happen because of a change in a child’s needs. Educational support requirements, medical conditions, or a significant tuition fee increase are substantial changes in circumstances. Also, a considerable change in either parent’s income may be enough reason to propose a child support modification. Other changes in circumstances include a job loss, a significant salary increase, and the development of a chronic, costly medical condition.
Steps in Modifying Child Support
If you work with an attorney to modify a current child support order, you may take the steps below:
- Assess the original order. Before you imitate a modification to an existing child support order, examine this order first. This way, you will understand its terms and conditions.
- Determine if you have a valid reason. Has there been a substantial change in your circumstances to justify your modification proposal?
- Consult with a lawyer. An attorney can determine whether you qualify for a child support modification request. Also, they can explain the steps you must take. You and your attorney can prepare all the essential documents to file a petition.
- File a petition. File a modification request with the appropriate court, together with supporting evidence. Your lawyer will help ensure you adhere to the court system’s specific guidelines and deadlines.
