How To Modify Your Child Support Payments

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When Child Support is Too Much: Reconsideration Options

If you were ordered to pay child support and your financial situation has changed, you have the option to take the case back to court and have your support amount reconsidered. Before you risk falling far behind in your support payments and facing enforcement actions, you should talk with a child support lawyer about how to have the amount re-evaluated. After seeking a reduction myself in the past, I've learned a lot about how to make it work. I hope that the information about my experiences helps you to understand what you can do about having your support order reconsidered.

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How To Modify Your Child Support Payments

10 June 2020
 Categories: Law, Blog

If you currently receive child support from your ex-spouse and feel that it is not enough, you might be able to request an increase in the payment amount. The only way you can do this is through child support modification. Modifying child support is not an easy process, but it can work in some cases. Here are several tips to help you understand how this works.

1. Make Sure You Have a Valid Reason

Courts do not allow parents to request child support modifications whenever they want and for no reason. There must be a reason you are seeking a modification, and it must be a valid reason. If you are not sure what the court considers a valid reason, ask an attorney that provides child support services. Here are some legitimate reasons:

  • You lost your job and have no income.
  • Your ex-spouse has a different job now and earns more money.
  • Your child's needs have changed a lot and cost more now.
  • The child is now living with you more frequently.

You can discuss your reasons with an attorney to find out if they are valid.

2. Petition the Court

You cannot change the child support amount in a case without getting it approved through the court. The first step of this process is petitioning the court for a child support modification hearing. You should have a lawyer with you during this hearing, and you should be prepared to explain why you are requesting an increase in support.

One thing to know is that you can avoid going to court if your ex-spouse agrees with the request and is willing to sign papers to approve it. If your spouse does not agree, though, you must go to court.

3. Let the Judge Decide

A judge will hear your case when you attend this hearing, and he or she may ask you and your ex-spouse several questions. The judge's main objective is to determine if the request is valid. If the judge can see that there is an essential reason to increase the child support amount, he or she will likely approve it. If there is not a good reason to make this change, the judge may deny your request. You should make sure you prepare for this hearing if you want the best results.

You can learn more about child support modification by talking to a family lawyer or child support attorney in your city.