Circumstances change! And sometimes that means that there comes a time when the child support order from your original divorce agreement or judgment no longer makes the most sense. When a job or career change makes it necessary, you may need to ask the family court for a modification of the child support amount.
What’s Required to Ask the Court for a Change in Child Support
You need to make sure your situation fits some requirements before you begin filing your request. Make sure that there has been a legitimate change of circumstances such as:
- Change to custody or visitation schedule
- Change to income of either parent, such as loss of job or pay cut
- Military deployment
- Parent paying support starts receiving SSI or Veteran’s Benefits
It may also be possible to request modification if your original order did not address medical care or child care expenses.
The request can be filed in the county where your child lives.
The Process
If both parents agree to the proposed modification of child support the process is fairly simple. The judge will simply need to approve and sign off. However, if the other parent is resistant to the change you believe you need, you may have to go to court.
After you file your request to modify the child support along with the necessary supporting documents (like W-2s, pay stubs, disability statements, etc.) and pay a court fee, your ex will need to be served with the paperwork. They must respond within a set period of time, which will depend on the method of delivery. If your ex fails to respond, the judge will likely side in your favor. If they respond objecting to your request, a court hearing will be set. You will need to prepare your argument with the help of an experienced family law attorney.
How to Make Sure Your Voice Is Heard
If you are filing a request for the court to make certain orders, a family lawyer can help you get the paperwork squared away. At KL Family Law, we can also help you if you need to go to family court. We can make sure your voice is heard and help you express to the judge why a modification is necessary. If you are looking for more information about child support modification or if you are ready to partner with us, we encourage you to contact us today. We can’t wait to hear from you!
KL Family Law
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