Some Useful Facts about Child Support ModificationBy Moskowitz Law Group, LLC |
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 is appropriate:
- 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.