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Changing Child Support Orders

What Should Know About Changing Child Support Orders Purpose

What Should Know About Changing Child Support Orders Purpose

There are many reasons why one may want to change their current child support payments. The purpose for trying to change an existing child support agreement can be for one of two reasons: Either a parent wants the amount of the payments to be smaller, or a parent wants the amount of each child support payment to be bigger. Whether or not the parents agree on the modification, they should still get an official court order to change the amount of child support. Issues can arise that leave the parent needing a child support modification.
A parent facing child support issues may have the purpose to change the child support order, and this is referred to as a modification of child support. However, this request for child support modification will not always be granted. Either parent can file a motion to modify the child support arrangement. If the parent’s goal is to get the amount of child support lowered, they should make sure that they have a valid reason for wanting to lower the amount of the child support payments. There are many child support issues that may lead a parent into seeking a modification of child support. 
Child support issues may also arise if the custodial parent wants the amount of the child support payments raised. There are many reasons why the custodial parent may want the amount of the child support payments to be raised. Like the non-custodial parent, if the custodial parent’s purpose is to raise the amount of the child support payments, they should have a valid reason. Evidence of this reason or reasons should be brought to the attention of the family court. A judge is not likely to grant a child support modification based on a parent’s whim.
Some situations may lead a judge to decide that a child support modification would be unfair. Other situations may make a judge decide that a child support modification is in order. While the purpose of changing the court ordered child support amount may be valid, it is still a mater that is considered carefully.

Changing Child Support Orders Process

Changing Child Support Orders Process

Before filing for a modification of child support, the parent should clearly know why they are requesting child support modifications. After filing the motion, the parent seeking the modification of child support should gather all the proof that they can in order to make their case valid. 
If the change is requested by the custodial parent because they know that the non-custodial parent has had a salary increase, they should try to obtain proof of that salary increase. If they cannot find proof, the court may order the non-custodial parent to provide current pay stubs in order to prove the custodial parent’s case. If the non-custodial parent is requesting a modification of child support because they lost their job, a letter from their former place of employment on company letterhead may prove that they no longer work there and may help them get their child support payments lowered.
Child support modifications may take a long time to finalize in the family court. It is the job of the Child Support Enforcement Agency to modify child support arrangements at no cost to either parent. Since the process can be lengthy, parents are cautioned to have patience when it comes to the requested child support modifications. An average time period for the child support modifications to come into effect are between six to nine months.

Changing Child Support Orders Reasons for Changing

Changing Child Support Orders Reasons for Changing

Either parent can petition to modify the existing child support arrangement. The most common reason that both parents , custodial and non-custodial , try to change child support payments is because of changes in financial situations. A custodial parent might lose their job, take a pay cut, or have their work hours significantly decreased. 
If they have proof that the circumstances that lead them to try changing child support payments is valid, then they might be granted the modification. If the non-custodial parent has any of those circumstances happen to them, they may seek to change child support amounts, at least until they get back on their feet. Proof is the most important thing one can have when trying to change child support payments.
The same rule applies if one of the parent’s has an increase in income. If the non-custodial parent begins making more money, the custodial parent may want to change child support payments as a way of getting the amount of money they feel is owed to them. Once an individual’s income goes up, so does the percentage of their income that is due to their child or children. 
Different states have different laws about child support payments. If the custodial parent begins working or making more money, the non-custodial parent may argue that the custodial parent is better able to financially provide for the children then they are. This is especially true if the non-custodial parent has a low income and is suffering financially as a result of the child support payments. 
Changing child support payments may also be possible due to a cost in living increase. This is one reason why it is recommended that parents get their child support order reviewed every two to three years by the court. As the cost of living increases, so does a parent’s need to possibly change child support payments. Besides financial reasons, one may wish to change child support payments if the child’s visitation schedule changes. 
If the child begins spending a lot of time with the non-custodial parent, then the parent could argue that they should not have to provide as much child support for the custodial parent; this is also true if the non-custodial parent begins spending less time with the child.
Changing child support payments is not always something that can be easily accomplished. A parent who thinks they have a valid reason to request to change child support payment amounts should take their case before a judge.

Understanding How To Change Child Support Orders

Understanding How To Change Child Support Orders

There are many reasons why either parent may request a modification of child support. The custodial parent may feel that a cost of living increase is necessary. The non-custodial parent may have new financial difficulties that call for child support modifications. Either way, it is possible for a child support court order to be changed, either temporarily or permanently. In fact, as a child grows up it is common to have a modification of child support.
Child support modifications are possible when the circumstances that created the original child support order change. A modification of child support is commonly requested if a parent has a reduction or increase of income. Some child support modifications are also requested if either parent spends an increased or decreased amount of time with the child. One should know why they want the child support modifications changed. When the original child support order was made, the current circumstances of each parent were taken into account by the courts. If there is a change in circumstances, a modification of child support payments may be in order. 
Legally, to be granted a modification of child support, the parent who requests it must file a motion to modify child support with their local family court. The forms that are needed to file this motion can be obtained from the family court. The court case number from the previous child support order is needed. After all of the paperwork is filed with the local family court, one must have the other parent officially served. They also must have the other parent’s lawyer served, if applicable. 
There are several things a parent should bring to court when they are requesting child support modifications. If one has lost their job or taken a pay cut, they should bring proof of that, such as a pay stub to the court room. A judge may consider a child support modification if they see that one’s pay is considerably lower than it was when the original modification of child support was made. 
On the opposite side of this, if a parent is seeking an increase in child support because their former partner has gotten a raise or had financial changes that leave them better off, proof of this should be provided to. If the former partner denies having a higher salary so that they won’t be subject to a child support modification, the other partner should hire an attorney.
A modification of child support is a very common thing for a couple to get at least once. As children grow and circumstances change, a modification of child support may be necessary to accommodate the family’s needs.