A parent can seek a
child support modification any time after the original child support order has been issued. If there
is any substantial change in the financial condition of either of the
non-custodial or the custodial parent, a child support modification can
be applied for. However, once the first modification action is taken,
the rules for further modification become very complicated.
Here are some of the most common scenarios in which child support modification
- A change in the parenting time schedule.
- A failure on the part of the custodial parent to exercise parenting time.
- An increase or decrease in the payor’s income.
- An increase or decrease in the recipient’s income.
- A change in the family structure.
In any of the above-mentioned cases, a child support modification can be filed.
Factors That Can Contribute to a Child Support Modification Petition
Loss of job. If you pay child support currently and if you have lost job, the court
may reduce your child support obligation. Lowering child support obligation
is possible on the basis of loss of income. However, in that case you
will have to establish that there has been a substantial change in your
financial circumstances, and that your change is not temporary nor the
result of your voluntary conduct.
Increase in earning. If you are getting child support from your ex-spouse and you have come
to know that there has been an increase in his or her salary, you may
file for a child support modification claiming that the child support
obligation should be increased.
Change in parenting time: The child support guidelines take into consideration the amount of parenting
time that the non-custodial parent has. Essentially, the more overnights
the non-custodial parent has, the less his child support obligation will
be. The rational is that the more overnights the non-custodial parent
has, the more costs that parent is absorbing directly when the child is with him.
No matter what your situation is, you must hire a
child support lawyer. You can count on Moskowitz Law Group, LLC. Our lawyers have years
of experience in handling child support cases and know what it takes to
obtain a favorable verdict.
Contact us to know more about our firm and how we can help you.