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Changing Child Support Orders

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.

Easy Guide to Changing Child Support Orders Overview

Easy Guide to Changing Child Support Orders Overview

A court ordered child support settlement is not always set in stone; although the request to modify child support payments is not always granted, family courts are accustomed to modifying child support arrangements, especially as the children grow older in age. Like visitation, the need for a child support modification may be necessary at some point in the child’s life. The court’s decision will rely on a number of factors.

Process
A child support modification is not something that happens overnight; there exists a process that one must go through in order to have their child support agreement modified. This process is a legal process, and akin to making the arrangements for the initial child support agreement, any modification request is handled by one’s local family court. If both parents agree to the modification, then they can write up their own proposal and submit it to the court for approval. 
No matter whether they agree or not, they should still bring it to court so that it can be turned into a legal court order. There are forms to be filed, and the first step is petitioning the court to modify the original child support arrangement. Filing the motion is up to the parent that is seeking to change the current child support agreement. 
The Child Support Enforcement oversees the case, along with the family court. Gathering proof to present in court is of top priority. If the parent has no proof of why the child support order should be modified, it is very unlikely that the judge will allow for a modification. A modification agreement can take up to nine months to actually kick in.
Purpose

Parents have one of two purposes when they decide to try to get a child support agreement modified. One purpose is to get more money in the payments and the other reason is to pay less money. While both of these goals are valid, there may be times when their current circumstances do not warrant a child support modification. 
If that is the case, the judge will not grant one. If the purpose of changing the child support amount is to pay less money, an individual should be prepared to show reason why they can no longer afford to pay the amount of child support that they have been paying. If a parent’s purpose is to receive a larger amount of child support, then they should be able to prove why they need more money.
Paperwork and Difficulty

Just because modifying child arrangements can be common does not mean that it is easy. As with many legal issues, there are many forms and documentation involved. The first form that one must file is a Motion for Modification. The parent that wants the modification should be the one to petition the court. Other forms can be found on family court websites. 
Some can be downloaded for free. The difficulty in getting a modification lies in the fact that the court is reluctant to do anything that might not be in the best interest of the child. However, the court also does not want to cause serious financial harm to either parent. While increasing the payment amounts may help the child, the non-custodial parent may be left without a decent income. The same rule applies to lowering the child support payments. While the non-custodial parent will be better off, it is likely that both the child and the custodial parent will suffer. That is why the court is careful when it comes to modifying child support agreements.


Reasons for Changing

Usually, the modification is granted if there is a change in circumstances. If the non-custodial parent is fired from a job, they may be allowed to make lower payments, at least temporarily. A change in circumstances could work either way. The custodial parent may lose their job and need more money. A sudden disability is considered to be a change in circumstances. 
Other issues may arise too. If the non-custodial parent’s child gets married or become an emancipated minor, it is likely that the judge modify the child support agreement so that the non-custodial parent does not have to pay anymore. There are many reasons why an individual might seek to modify an existing child support agreement. Having a valid, provable reason is imperative.

Changing Child Support Orders Paperwork and Difficulty

Changing Child Support Orders Paperwork and Difficulty

When an individual wants to modify their child support payment arrangement, there exist several child support papers that must be submitted in order to get a hearing. A hearing is where a judge within the family court will let each parent make a case for their requested child support modification. If a required child support paper is not submitted, then the procedure will take longer. This is because all of the information will have to be resubmitted. Although the initial filing of a motion to modify child support is fairly simple,  having the modification approved may not be.
Even when an individual properly submits all of the child support papers and documents that need to be submitted, they may face some difficulties when it comes to getting the modification approved. One child support paper that an individual needs is a petition or complaint for a modification of child support. Either parent can file this child support paper. The child support paper that one must begin with is called a Motion for Modification. All of the child support papers must be filed with an individual’s local county clerk, without exception.
There are several other child support papers that must be filled out as well. When an individual is filing a motion for modification, they should also file a pro se appearance form. A child support paper that must be filed at a later date in time is a financial affidavit form. Usually, the courts want this child support paper to be on file at least five days before the hearing. Besides official forms and child support papers, there are other documents that one should be prepared to bring to court with them. These documents can help alleviate some of the difficulties that come with having a child support order modified. 
There can be difficulties when either parent is trying to get a modification. On one hand, the family courts do like to review the child support agreement every two to three years in order to make sure that the terms and conditions are up to date. On the other hand, any individual who wishes to modify the order before that may face some problems. The family court does not wish to impose any financial hardship on either parent. Therefore, if the custodial parent wanted to increase the payments but the non-custodial parent would suffer financially, then the judge may be reluctant to increase the payments. This idea also applies if the non-custodial parent wants the child support payments lowered. This may hurt the custodial parent financially.
The courts try to make child support arrangements that serve the best interest of the child, however, sometimes that can be difficult. A child support modification can not be considered until one has filed all of the necessary child support forms with their local county clerk.

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.

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