Q: How can a party obtain a modification of a child support order?
A: Child support modifications are needed when the material financial circumstances of either parent changes after the entry of the order or judgment. Either parent may request a review of the child support order if there is a change in circumstances like a substantial increase or decrease in the earnings by either parent, or a change in the amount of time the child spends with each parent.
If you are the supporting parent and your employment situation changes or you become ill and you are no longer able to pay the amount originally requested, then you will need to modify the court ordered child support. Unless appropriate steps are taken with the court to secure the modification of the order, even if the other parent verbally agrees to the modification, your obligations under the prior order will remain in place despite your changed circumstances. Keep in mind that child support is an obligation owed to your children, not your ex-spouse, and the court will presume that your children are entitled to whatever support award is contained in the currently existing order. If you need to modify your child support payments, Brian Kramer can prepare your petition and help properly document your changed financial or health condition.
Child support modifications are also available if the health or finances of the recipient parent change. If you are the parent receiving child support and need to increase the child support order in light of a change in your circumstances (or an increase in the income available for support to the paying parent), Brian Kramer can help you modify the order so that you are receiving the support to which your children are entitled.
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