Child Support Modification

When parents divorce, child support is set according to the current couple's normal and anticipated income with the idea that children should be able to continue to live as they did before the marriage dissolved.

The court takes in every consideration available, including the fact that one parent's income may typically be seasonal, with periods of unemployment.

But circumstances change, as does income, and sometimes asking for modification of child support is both necessary and advisable.

While one should check the statutes in the state where the divorce took place or where you currently reside, generally the process is not a difficult one.

When is child support modification possible? When there has been a substantial material and unanticipated change in income, it is allowable to petition the court for a change in support.

The change should account for at least 10 per cent, either higher or lower, than the current ordered support payments. Circumstances for asking for a raise in support can include a parents promotion, a raise, a change of employment for higher wages, or a large inheritance.

Parents are entitled to ask once a year for copies of income tax records, pay stubs, or anything showing current income without a court order, and the parent being petitioned must comply once a year.

There are also circumstances where it is appropriate to ask for a child support modification where support payments are reduced. These circumstance include unanticipated loss of a job, reduced wages, or an unexpected disability.

This does not include a parent voluntarily leaving his job, unless there are sound legal reasons for voluntarily quitting a position. Another reason to consider petitioning for a reduction in payments is a change in living circumstances, such as a job relocation to a distance city or an increased work load, that results in a parent spending less time with the children than at the time of the divorce.

Since the parent now spending more time with the children will have increased child care costs, it is reasonable to ask for a raise in child support payments under these circumstances.

How does one go about getting a court order for child support modification? The parent seeking the modification of child support the court formally and provide an affidavit stating why, in their own words, they are seeking the change. There is typically a small filing fee.

The parent seeking the change should be aware that the court cannot enforce it earlier than the date of the petition, so if an increase is sought, is is advisable to petition as soon as possible.

If the parents are inclined to agree informally to a temporary change, such as in the event of a parent being laid off, it is important to remember that the Court cannot enforce compliance to any informal agreement between parents, should such an agreement break down. It can only enforce the order on record.

When done properly you can modify your child support in a simple two step process that takes about one hour and costs a $50 filing fee or in many cases, nothing at all.

Few lawyers will tell you how simple it really is. GreatDivorceAdvice.com contributor Matt O'Connell has created detailed instructions that get guaranteed results, as well as, an action guide for men like you that will walk you through every step of the process in great detail.

Your knowledge of the process and confidence will blow your ex-wife away. She'll think you've hired a top-notch attorney.

A lawyer will change you up to $200 an hour and take many hours to modify your child support. The lawyer will take several weeks and thousands of dollars to get results. Lawyers also will not guarantee their advice.

Do you want to continue to overpay your child support or woudl you rather take action to modify it today?

Get started with your child support modification right here "No BS Strategies for Reducing Child Support." to learn a lot more!

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Article written by:

Matt O'Connell