Your child support order may not always be appropriate for you or your children. Life constantly changes and sometimes these changes warrant post-divorce modifications. That said, any parent who wishes to petition the court to request child support modification must demonstrate that circumstances have changed considerably since the order was initially made.
If you and your former spouse are friendly enough, you should consider working out an agreement together. You will still need to have it signed and approved by a judge, but the process will be far less stressful and consume less time.
Petitioning the Court to Modify Child Support
As mentioned above, to successfully petition the court for a child support modification, there must be a substantial change in circumstances.
Below are some examples of substantial changes in circumstances in which you may be able to successfully obtain a modification:
- Your children's needs changed (increased medical or educational expenses, for example)
- One parent became involuntary unemployed
- One parent's income substantially increased
- One parent received an involuntary pay cut
If a parent voluntarily quits a job or accepts a lower paying job in an attempt to reduce support payments, a judge will not decrease the child support payments. Parents cannot evade financial responsibility for their children by lowering their income.
It is also possible for child support payments to be temporarily decreased if the paying parent becomes involuntarily unemployed. Payments may resume once the parent finds a new job and is capable of fulfilling this obligation. However, if the unemployed parent cannot find a job that pays as well as the previous job did, a judge may permanently reduce that parent's support payments to reflect the parent's new income.
Set Up a Consultation with an Experienced Family Law Attorney to Discuss Your Case Today!
If you are seeking a modification to your current child support order, the legal team at Labovitz Law Firm can provide the knowledgeable guidance you need to navigate every step of the process. We understand that life always changes and will help you obtain a modification that is suitable for your situation. Whether you are requesting an increase or a decrease, you can rely on us for experienced representation.
Reach out to our law office today at (817) 374-4056 to set up a free initial case review with a member of our team to learn more about your options and how we can help.