Modifying a Child Support Order: What You Need to Know

So many parents have a hard time making child support payments. Others find it difficult to care for their children based on existing child support setups, usually because of a change in their living or working situations.

If you are currently receiving or paying child support, there may come time when you will need to consider a change in the existing support order.

Child support laws vary by state, but here are some of the general things you need to learn when modifying an agreement:

You Need to Prove a Change of Circumstances

Whether you are the payer or the receiver of the child support, you need to prove that something considerable happened in your life. You need to prove that the amount is no longer appropriate for your situation. For instance, if you are now supporting additional kids, the court might consider this a significant change of circumstances. If the children you’re paying support for now live with you instead of the other parent, the court might consider your situation a change of circumstances as well.

When proving a change of circumstances, ask the advice of family law attorneys like Kim H. Buhler, Attorney at Law, P.C.

Time Limits Might Apply

Some states discourage parents from making child support modifications. They do this by limiting the number of times a request can be made. For instance, you might have to wait as long as three years for the court to consider your request—especially if the reasons are not that important.

Your Income May Be a Factor

You can modify the child support if you agreed to a certain amount based on the income you are no longer earning. In some states, though, you can only modify an order if the change in your income affects the child support amount by 10 to 20 percent, which can happen if you’ve lost your job.

Don’t expect to pay less or receive more for child support if you voluntarily quit your job.

The laws surrounding child support modifications are complicated regardless of the state you live in, and the facts of each case are unique. The best thing to do is seek the help of an attorney specializing in family law.