Helping You Resolve Difficult Issues In Family Law

When can you modify child support?

On Behalf of | May 31, 2016 | Child Support

When a marriage is dissolved, state law requires the non-custodial parent to contribute child support. This financial support can be decided by the parents or by court order, depending on the disputed issues and the nature of the divorce.

The financial circumstances of the family and statutory guidelines will help determine how much the non-custodial parent will need to pay in child support. Child support can be modified after the fact if circumstances change.

Circumstances in your life can quickly change, making it hard to pay your child support or require more support to help take care of your children. While these changes can be positive, they can also be very negative and intense.

Some examples of life changes that justify child support modification include unemployment and the development of serious medical conditions or diseases. On the other hand, remarriage of the non-custodial parent is rarely a justified reason for child support modification.

Parents have almost complete control over child support. Essentially, you and your ex-spouse are permitted to make modifications to child support together. However, it is essential that all changes are recorded in writing. It is also necessary to seek court approval so that the agreement is both legal and official.

Most parents find it difficult to come to an agreement when it comes to child support modification. As a result, parents often take modification requests to court. Even if both parents have arrived to an agreement, the court must review and approve the decision.

Parents must make modification requests to the court that approved the support order. This is true whether you need approval for a settled agreement or need the help of the court to arrive to a new agreement.

No matter the situation, you should have as much evidence and proof as possible to support your position in terms of the agreement. This is especially important if you want the court to help you reach an agreement. You need to be able to prove that a life change has severely impacted your ability to pay financial support so that there is a greater chance a modification will be enacted in your favor.

Many divorced couples have difficulty reaching an agreement for child support modification. Consult an attorney to help understand the process of modifying your court order.