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.