One thing that is certain about life is that it’s unpredictable. Even properly reasoned plans concerning child support might need modification as time goes on. So what happens in a situation whereby the initial child support amount doesn’t cover your child’s basic needs anymore? This calls for a modification! In terms of circumstances, any parent can seek modification of child support amount to the court.

In this article, you’ll be reading through an overview of how child support payments can be modified.

How to Win a Child Support Modification Case

If there has been a current change in your family’s needs, you may start wondering, how will I be able to modify the initial child support? However, the modification of child support varies from each state. Still, generally, to successfully modify child support payments, the applying parent is required to come up with substantial changes that took place since the issuing date of the initial child support order. In terms of substantial change, this can be a major change in either parent’s salary, change in child’s requirements like medical and educational expenses, or job loss to either parent.

Most parents ask themselves this question often, does the child support amount increase if I have a salary increase? Well, it depends. For instance, if either parent accumulates a large bonus due to working overtime at Christmas, that salary increase is temporary and doesn’t signify an adjustment in child support. While on the other hand, if either parent struggles tirelessly and receives a pay cut, the judge might notably reduce the child support obligation of that parent. In contrast, if either parent quits or gets a low-income job to cut the support obligation, the judge will likely not modify this parent’s support obligation.

1. Modifying Child Support by Agreement

The notable and easier way to modify a child support order is if both parents come together to agree on a new support amount. Any modification to a child support order is documented by dedicated family lawyers and signed in a new order by a judge. After that, the initial order remains in effect, not minding the agreement.  If a verbal agreement is followed without modifying the current child support order officially, things could go sideways.

Without issuing a new order by the court, the paying parent is likely to end up with a substantial support arrearage, which indicates back child support. Suppose you make the payment to the other parent directly, and the same parent reneges on the agreement and comes to you for the main amount. In that case, you could turn out to be liable for the difference between your initial payment and the amount in the initial child support order.

2. Asking the Court to Modify Child Support

In most cases, some parents may not agree to a modification in child support. For that reason, you are required to file a written request with the court, pleading for a modification and clearly explaining the recent changes in circumstances since the issuing date of the initial child support order. The main point is if circumstances changed enough to meet the requirements of modifying the current child support order.

3. Considering Remarriage

In terms of either parent’s remarriage, the support order doesn’t apply to the new spouse’s income in providing support. However, the income can play an indirect role, as it is likely to reduce the parent’s expenses like household items. This significantly lets go of part of the parent’s income, which the court can include in calculating the child support order.

4. Income Reduction

Another point to know relates to the reduction of either parent’s salary. For instance, if a parent goes over to a low-income job to minimize the child support obligations, unluckily for that parent, the law only allows the court to add income. The judge will go through certain information such as initial earnings, educational background, and occupational history, and then place the child support order on the supposed income of the parent, not minding the deducted income. Either parent who tries to avoid the child support order this way is likely to be left with paying the initial amount.

5. Cost of Living

Finally, based on your region, child support orders should include the provision of cost of living. This implies that the child support amount is likely to increase periodically by the cost of living rate. This rate relies on an economic indicator like the consumer price index. In most cases, this might escalate the request for a child support modification.

In a situation whereby the other parent doesn’t agree to the modification, you are likely to end up in court. Judges mostly disregard requests for modification unless the petitioner comes up with a tangible reason to show that the modification is in the child’s best interest in question.

The process of modification can be a bit complex. If you are not aware of the procedures to follow in this case, you should seek the attention of an experienced family law attorney who can see you through your rights and also represent you in court, if necessary.

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