There always comes a time when parents will desire to modify court-ordered child support payments. Depending on the circumstances, the parent may be confused or desperate to get the child support modification process kickstarted.
Either parent or a child’s legal guardian has the right to request a modification—also known as an increase or decrease—of a court order for support at any time by submitting a motion to modify child support filled in a modification form.. With the aid of a private attorney or the county’s family law facilitator, you can petition the court on your own. Your local child support agency can also review your case without charging you anything.
Depending on the state laws, either the custodial or non-custodial parent can request the change to be done While each state has processes for changing child support, there are basic principles that cut across the 50 states for modifying child maintenance.
While some states stipulate a minimum duration from the date the initial child support order was mandated before it can be modified, others have no such clause, meaning from the time the order was given by the family judges, you can initiate the process of requesting a modification of a child support order.
Reasons to Modify Child Support
Amendments to a child support order are typical since both the parents and the child’s circumstances are subject to change. The amount of child support may change for a variety of reasons. However, the most frequent causes, based on our regular experience with divorcing parents and member interaction why parents seek a child support modification are as follows:
Because it is a court order, your current child support decree binds you legally. Its provisions cannot be changed without a family court judge’s consent. Depending on the justifications for your request for a modification of child support, the judge will decide which legal criteria to use in your case. You must demonstrate a change in circumstances in order for the court to grant the amendment. Your situation must have changed permanently, significantly, or unexpectedly.
1. Change of Income
The income of each party is the primary consideration when determining child support. Therefore, you should have your child support reassessed if you have suffered a decrease in your income (job loss, change of employment, unable to find a new job, a shutdown of employers, business, salary reduction, work-hour reduction, and client losses – for self-employed people.
Also, if the other parent has experienced a gain in income (new job, promotion, etc.). Child support can be altered each time there has been a significant change in the family’s financial situation.
Your petition for modification of child support may not be granted just because you listed unemployment as a justification. You might be expected by the judge to continue your job search or to take employment outside of your field. It can be difficult for parents to convince employers that their job loss will not be transitory. However, judges are in a position where they can take into account unique situations.
3. Birth of New Children
Child support may need to be changed whenever either partner has a new (non-joint) child because of the additional costs that the parent will face. In any such situation, changing a child support amount is very possible.
4. Changing Needs of the Child
On their path to adulthood, children go through a number of stages, and their expenses can fluctuate for a number of reasons. A child’s financial requirements may alter in addition to health issues because of:
- want to enroll in post-secondary education
- Transportation is required
- acceptance into after-school activities
- change in childcare requirements
Consider how significant the financial change will be when weighing a justification relating to a child’s requirements. A judge won’t want to waste time on minute adjustments to costs.
5. Change of Parenting Time Schedule or Custody
Over time, problems may occur that need co-parents to change their parenting schedules. Taking on additional parenting time may be necessary if:
- For the other parent, work hours are extended
- The other parent is overwhelmed by a health issue.
- Your youngster wants to move in with you.
- The second parental home turns perilous.
The quantity of time each parent spends with the kid can have a significant impact on child support obligations, in addition to income. Child support may also need to be revised if the parenting schedule or physical custody arrangement has changed significantly, warranting to modify child support payments.
6. Health Problems or Disability
Financial necessity can be impacted by a parent’s or child’s physical health in a variety of ways. Parental stress can significantly increase when a child is diagnosed with a disease or has a disability. The following may no longer be possible for an ill or newly impaired parent:
- Work as much as possible
- Keep working at all
- Give a child some physical attention.
- keep the same amount of parenting time.
It may be necessary for the parent to devote the time that was previously spent working to child care. In addition to increasing a parent’s financial difficulties, a child’s medical demands can also be expensive. That circumstance can lead a custodial parent to ask for an increase in child support.
7. Change in Health Insurance Coverage
When one parent begins or ceases providing health insurance for a shared child, child support may need to be reevaluated. In order to help cover the cost of the kid’s health insurance premium and out-of-pocket medical expenses, it may be acceptable for the parent who is paying cash child support to also provide “cash medical support.”
8. Parental Incarceration
The federal government established a law in 2016 that gives persons the right to a child support review as a result of incarceration in acknowledgment. States are not permitted to classify time spent in jail as unpaid work.
If you go into the criminal justice system, your legal obligation to pay support does not automatically end. Unless you have assets that are unaffected by incarceration, such as rental income, pensions, or savings, you might be able to persuade a judge to lower or even suspend your child support payments until you are released.
9. After Certain Time Duration
After a specific number of months or years, according to some state rules, the child support staff may evaluate your child support. The state may alter child support obligations upon request, even if the situation has not changed as previously mentioned. Utilizing this benefit is a good idea because the calculator is updated occasionally to account for inflation and other legal changes.
How to Modify Child Support Payments
In order to modify child support payment, a parent must submit a motion to modify support to the court and obtain an order stating the new support amount. If not, the initial child support order is still in effect, and the opposing parent may make use of it to collect maintenance.
In the majority of jurisdictions, converting your agreement into a modified child support order may only need that the appropriate paperwork is filled out and submitted to the court. The court will typically grant the change without holding a hearing if the judge concurs that it is in the child’s best interests and is based on a material change in circumstances.
Parents may come to their own agreements regarding changes to child support amount before going to court, but any amended child support variations must still be approved by the court.
How Often Can Child Support be Modified?
Although there is no restriction on how often child support can be altered, it is uncommon to have often shifting circumstances. Depending on the state laws, however, every three years, parents can request a review of child support to determine whether ongoing changes in circumstances call for a modification.
The onus of proof rests on the parent who is asking for the amendment to demonstrate that the situation has changed. Although judges can change court orders, they rarely do so, even as there is child support review every three years in some states.
Temporary or Permanent Modification
While some changes in life have an immediate, noticeable impact on us, others have a long-lasting or permanent impact. Due to this, when a parent requests a change to their child support responsibilities, certain state courts will attempt to ascertain how long the change is necessary in order to establish whether a permanent or temporary child support adjustment is necessary.
Temporary Support Modification
When the non-custodial parent has circumstances that may prevent them from being able to satisfy the support obligation within a predetermined short period, temporary child support modifications are granted.
A good illustration would be if a father got into an accident and got hurt, making it impossible for him to keep working as a construction worker. The doctor anticipates that after four months or thereabouts, of being off work, he will be totally recovered.
To help the father in this situation meet his monthly obligations without falling behind, a family law judge could temporarily lower the child support payments.
Permanent Support Modification
Suppose, for instance, that a parent has a terrible stroke and is left permanently incapacitated. He can no longer afford to make regular child support payments.
He is still eligible to receive a specific amount of money through Social Security for his child, who is dependent on him financially. The father’s monthly child support payment may be permanently modified by the judge to reflect his current disability income.
How to Win a Child Support Modification Case
Applying a petition for support modification is one thing, getting it granted by a judge is a totally different thing. Here are what you need to do in order to give yourself the best chance to win a child support modification case:
- Understand the state’s laws and procedures regulating child support modification
- Engage a family law specialist who has experience. An adept lawyer will be able to advocate for you and negotiate the legal system of the child support modification process on your behalf.
- Amass all necessary supporting documentation. This includes any records pertaining to your present income as well as any proof of alterations in your situation since the initial child support order was established.
- Prepare yourself to argue your case in court. This entails keeping everything in order and being organized. This is crucial in changing a child support amount.
- Be ready for the potential that your argument for modifying child support may fail. Even though this is not the result you were looking for, it is crucial to
Frequently Asked Questions about Child Support Modification
How long does child support modification take?
Depending on the state, reviewing and modifying a child support order can take anywhere from 30 days to 180 days, before a new order is issued by the judge.
Before filing a motion to modify child maintenance using a child support modification form, you may wish for a negotiated settlement between you and your ex-spouse if you think that will make it taster, then get the court to authorize it.
Though the procedure of reviewing child support has no specific time restriction, the following factors, among others, will affect how long the process takes to complete:
- Court resources’ availability
- Your ex-spouse’s cooperation
- The difficulty of your situation
Can child support be modified without going to court?
Yes, if certain conditions are met, it is possible to modify your child support order without going to court. In some state statutes, judges can include a clause that stipulates support obligations are adjusted annually to reflect changes in the cost of living.
Typically, a measure of the economy, such as the Consumer Price Index, determines this sum. If your child support agreement has such a clause, you can change the payment amount based on an increase or decrease in the cost of living without having to appear before a judge.
The process of child support modification can be easy depending on how much you know about the process. You need to know how to file a motion for maintenance using a child support modification form as well as other intricacies if you have to seek the review through court processes, otherwise, there are situations you can modify child support without a court.