Following a divorce, or even when co-parenting, it is not uncommon for 1 or both parents to want the child support order altered, changed or modified. All states have very strict laws that must be adhered to and a child support order cannot be modified at will. The parent wanting the change must prove to the court that there has been a legitimate and significant change in circumstances since the existing child support order was put in place. One exception to this rule is if the judge ordered a child support amount that is below the guideline amount. If this is the case, it is not necessary that you prove a change in circumstances and can be requested at any time. This is true even if your non-guideline child support order was reached by stipulation (agreement) between the 2 parents. Please click here to contact our family law attorneys with a firm grasp on child support modification laws. Serving the hetero and LGBTQ+ communities nationwide.
Numerous legitimate reasons for modifying an existing child support order. These can include, but are not limited to:
Change in income (of one or both parents)
Loss of job or change in employment status
Incarceration of one parent
Having a child in or from another relationship
Significant change in custody status or time spent with each parent
Child’s needs have changed
Changes in any of the factors that are used to calculate child support.
Should the parents be able to come to a mutual agreement on a new amount of child support, they can write it up as a stipulation and give it to the judge for signature and to have it become a new order. However, as is often the case, if the parents cannot agree on the change, 1 of the parents must file a motion with the court asking for a modification of the existing order. This is best handle by an experienced Child Support Modification Attorney.
It is important to remember that unless the judge signs a new court order, the existing child support amount and order will not be altered. So, to protect yourself, even if you have a verbal agreement with the other parent to change the child support amount, put it in writing and have a judge sign it. That way you have a current child support order that reflects the current amount.
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When going through any family law issue it is important to enlist the aid of an experienced family law lawyer. Contact our child support modification lawyers today to discuss how to protect your rights and interests.
No matter what state your case is in our team of family law attorneys can help as they serve all 50 states and Washington D.C. including: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wyoming & Wisconsin.