Children are always changing, and so family law issues involving children can change as well. This means a carefully crafted court order or agreement between the parties can require modification at a later date. This is often the case with child support.
The court has a guideline it follows when it determines how much will be paid. However, deviations are common depending on the exact circumstances of the parties involved.
If the circumstances change, either parent can ask the court to modify the amount accordingly. Before moving forward with the modification request, it is important for both sides to understand the law and to have assistance with achieving their objective.
There are two situations that warrant a child support modification
The state wants to make sure that the child is taken care of with all their needs met. But it also wants a fair resolution for the parents. One reason why a child support order can be changed is if there is a change in circumstances that makes the order unfair.
If, for example, a parent has seen a significant rise or a precipitous drop in income or assets, they can ask that the order be adjusted. Perhaps a parent had a sudden inheritance. Or they could have lost their job and taken a new job for much less money. Another reason would be the child’s needs changing. If there are medical costs that go beyond what insurance covers, then this would be a reason to adjust the child support order.
There are time requirements to requesting a modification. The order or the modification cannot be changed until 12 months have passed from when it was put in effect. In addition, the child support guidelines are a factor in the modification request. If a person is paying an amount that deviates from the guidelines by over 20% from what would be ordered if the guidelines were used, then a modification is possible.
Consider the circumstances when asking for a child support modification
Parents will want the best for their children and that includes a support amount that addresses their needs. However, the initial order might not be appropriate for the long term. Whether it is a parent who is paying child support or the parent receiving it, there are rules to getting the support order modified. To try and achieve a modification, it is important to have assistance that understands all areas of family law.
