Typically, child support payments are established during divorce proceedings. The non-custodial spouse should pay the court-determined amount the custodial spouse every month to assist in their children’s care. But, under certain situations, the pre-determined payment amounts can be changed. Below are some situations under which a family lawyer from Ken Phillips family law can help you request a modification to the agreed child support.
Your Income has Reduced
Job loss and other situations that lead to a reduction in income can be a valid reason to request the court to modify your child support payments. Such payments must not take more than 25 percent of your net wages. Thus, when your income decreases and child support payments exceed your take-home pay, you can request your lawyer to get the payments modified.
You Experience a Big Increase in Expenses
Such expenses must be the ones that the court will determine necessary. For instance, if you remarry and have kids in your new relationship, your expenses will definitely increase. This type of situation may make you eligible for a reduction in child support payments. The majority of courts will not let the kids in your current marriage suffer because of your support of other kids from a previous marriage.
Your Income Has Increased
If you are making child support payments and your income has greatly increased, the custodial parent may request an increase in your payments. Also, this is applicable if you get a big inheritance or other sources of significant funds.
The Costs to Care for your Child has Increased
The request for modification, in this case, is made by the custodial parent. If this parent feels your payment is not enough for the needs of your child, they can request such modification. Examples of the child care cost include when your child needs braces, when they start to take part in after-school activities that can be very costly, or when your child needs medical care.
Depending on one’s situation, a request for child support payment modification can be temporary or permanent. Often, temporary modifications are granted for one-time, big expenses like getting braces for the child. Meanwhile, permanent modifications are given when income permanently changes like in the case of a career change or job loss and significant changes in the needs of the child. A solid example is when a child experiences a serious injury or illness which will require ongoing medical care. The court may change the child support payment permanently to help in covering the costs.