While you may have believed that after your divorce was finalized or the
judge ordered the original
child support order that you would be free from legal woes, it doesn’t often work out
that way. When the issue of child support is involved, a case will often
require continual updates and changes as each parent progresses in life.
Unique needs, relationship changes, and other events may require additional
or reduced support, depending on the situation. When these issues crop
up, knowing how to request a child support modification is important.
Whether you are the paying or receiving parent, understanding your legal
rights is very crucial.
Demonstrating a Change in Circumstances
First, before either parent can request some type of modification, they
must be able to demonstrate that a valid change in circumstances occurred
since the previous child support order was created.
Some common examples of why you should opt to change a child support order include:
- The child’s medical needs increased
- Either parent lost their job or was given a promotion
- Child custody or visitation was adjusted
- Either parent was put in jail
- The child’s educational or general care needs increased
- One or both parents’ income has changed
- Either parent remarried or had another child
In cases where both parents can reach an agreement together over a new
amount, they can write this up and submit it to the judge for review and
approval. However, if disagreements occur, one of the parent’s will
need to file a motion with the court to ask for a
modification, leaving it up to the judge.
In unique circumstances where the judge ordered the child support amount
to be below the guideline level, you can ask for a modification of that
amount at any time. This means you do not need to be able to demonstrate
any change in circumstances occured.
Don’t wait any longer to request the change in child support order
you need. My Providence family law firm can review your case and provide
insight during this time.