Child Support Modification
Child support can be modified at any time provided that a parent can demonstrate that circumstances have changed significantly since the last judgement. Those circumstances can include a dramatic increase or decrease in income resulting from a job change, a dramatic increase of decrease in the number of overnights the child stays with each parent, or a change in expenses.
The most common reason for a child support modification is a change in income. Many times this is legitimate as circumstances and employment opportunities evolve. However and unfortunately, some parents may try to evade financial responsibility and reduce their income by either quitting their job or changing it for another with a much lower salary. If it can be proved that the reduction of income is intentional, the court may impute an income based on the recent work history and qualifications of the parent and disregard the new income.
It is also possible that an adjustment could be made to the amount of child support due to the fact that there has been a change parenting time. Parenting time refers to the number of days and nights that the child or children are spending with each parent. This must be shown to be a substantial change in the pattern and amount of time that was originally spelled out in the Parenting Plan that was attached to the last Final Judgement.
Changes in Child-Related Expenses Matter
Change in child related expenses could also justify child support modifications. Those types of expenses are very limited, but could include daycare costs as related to employment needs or the cost of health insurance for the child.
Notable changes in any of the valid deductions from gross income of the parents also may constitute a valid reason for a change in child support. These deductions could include a parent’s own health insurance costs or payroll taxes, court ordered child support for children from other marriages, and an increase or a decrease in alimony.
A Request Must Be Filed by the Party Seeking Change
A Supplemental Petition to Modify Child Support will need to be filed by the person desiring the change. Each county has a slightly different procedure for child support modification, and every child support modification situation is unique. To help ensure your success, if you are considering seeking child support modification, or are being served with a petition for child support modification, it is in your best interest to immediately contact a law firm that specializes in family law for men. Our experience will ensure that your rights are protected.
Call The Family Law Experts Men Trust (813) 415-3510
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