Modification of Child Support

If circumstances change from the time the court originally issued a child support order in such a way that you believe the other party owes more, you may seek a modification of the previous order by filing a Motion to Modify Child Support. The process permits you to obtain updated financial disclosures from the other party. Keep in mind that you will also need to provide updated disclosures. These changes may involve an increase in income for the other parent or a decrease in your income. Other factors such as child related medical or day-care expenses mat also alter the calculation.

The change economic circumstances must results in a greater than 10% swing in the child support obligation. Also keep in mind that the modification will only date back to the time you filing the motion, not before, so it’s important to act fast, as soon as you think there’s been a significant and continuing change.

In these challenging times, sometimes well-meaning parents fall behind in all kinds of bills, child support included. A parent may lose a job, or get placed on leave, or have to take a pay cut. All through no fault of there own. It’s a tough call, in these circumstances, whether a parent should go back to court and try to get the order modified. It’s tough because a judge may hold that the change in circumstances is temporary; and you won’t know until you’ve already spent the time and money to get the case in front of them. Frequently, a modification is totally proper; check with an attorney to determine whether a modification is appropriate.