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Changing Child Support Orders

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.

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.