When Should Child Support Modifications Be Requested in Court
Whether the parents were previously married and have separated, or if they were never married in the first place, young children living with separated parents have the right to the same level of support they would have received if the parents were together. This support must be provided by both parents, including the non-custodial parent, and is determined through a court process for child support. In most states, if the married parents separate, child support becomes part of the process.
Reasons for Modifying Child Support
The custodial parent or non-custodial parent can file a motion with the court to modify the child support agreement. The most common reason is a change in income, but there are other potential reasons as well.
Increase in Income
The custodial parent may discover that the parent responsible for child support payments (the obligor) has benefited from a significant amount of money due to factors such as:
- Job promotion
- Job change or trade
- Inheritance
In such cases, the custodial parent can file a motion with the court to increase child support responsibilities. If the court agrees, the obligor will be obligated to take on additional child support payments based on their increased income.
Decrease in Income
The custodial or obligor parent may request a modification after a decrease in income. This change can result from:
- Job loss
- Starting a new job in a lower-paying industry
- Transitioning to part-time work
- Retirement
If the non-custodial parent has lost their primary income, they may be unable to meet their current child support obligation and request a modification to reduce their payment. If the custodial parent has lost their income, they may seek to increase payments from the non-custodial parent.
Incarceration
If you are incarcerated, the ability to get a child support modification will depend on your state laws. In some states, incarceration is considered “voluntary unemployment” and may not qualify you for a modification. If you are sentenced to prison, you should contact your local child support office immediately and request a review. Child support orders will not automatically be reduced upon your incarceration.
New Needs of a Minor
As children grow older, their needs increase, and often the expenses associated with them also rise, such as:
- Medical or dental care, such as orthodontics
- Support or therapy for a physical or learning disability
- Extracurricular classes and sports activities
- Enrollment in a private school
The custodial parent may seek additional child support to help cover the costs for children who are growing up or whose needs have changed.
New Children
If the obligor has remarried and/or has other children, the obligations and expenses will change. In this case, they may file a motion with the court to reduce their child support obligation for one child, which will allow them to provide an equal level of support for all their children.
Temporary vs. Permanent
If the court approves a child support modification, the change can be either temporary or permanent.
A temporary modification may be a one-time substantial expense for the child’s needs, such as the cost of school clothing or a medical emergency.
A permanent modification reflects a significant change in the child’s needs or the parent’s ability to pay. For example, if the child is diagnosed with a disability, related expenses are likely to increase permanently. If one parent becomes disabled and unable to work, the court may also reduce their permanent child support obligation.
Frequently Asked Questions (FAQs)
How is child support calculated?
Child support amounts are determined by state authorities, which will consider factors such as your income level, daycare costs, and the amount of time spent with the child. Government resources, such as the California child support calculator, can help determine the most specific amount you will pay.
When
When does child support end?
Just as the timing for the end of child support depends on child support amounts, it also depends on state law. In California, for example, the obligation to provide child support ends when the child turns 18 and graduates from high school; or when they turn 19 if they are still in high school; or if they join the military, become emancipated, get married, or enter into a civil partnership.
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Source: https://www.thebalancemoney.com/requesting-child-support-modification-in-court-2997619
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