Requesting a Change in Child Support Order
When involved in a family law matter, the presence of children can necessitate having a child support order. This order will require one parent to provide financially support to the parent taking care of the child. The amount of child support granted by the court can vary as it is determined by a series of factors. However, these factors are never fixed. For example, one parent may lose their job (and their income) or earn a promotion and increase their income. When more permanent changes such as these, or others, occur it is imperative that the parent requests a change in child support. Child support can fluctuate throughout the years and can also terminate at a certain age or year. If you have any questions, please do not hesitate to reach out to us.
It’s important to know when to request for a change in the court order. Changes that could warrant requesting a new order include, but are not limited to, the following: the loss of a job or income, an increase in income, increasing or decreasing child costs, or any other factors that go into calculating child support. Before requesting the court to consider the changes, make sure you evaluate how all of the factors have changed. You may have lost your job, but has the other parent also lost theirs? Do you see your child more? Are there any other children involved? Does the child now need more financial support as something has changed (like schooling)? These questions and more are all factors you should be considering prior to asking for a change in child support.
Changing the Court Order
If there has been a change in your situation, you should immediately consider requesting a new support order. Child support is not changed retroactively. If your income decreases substantially, ask for a change now. Don’t wait until a long time (or much time at all) has passed as you will continue to pay the original support amount. If the judge grants the support change, this new number would only come into effect from the day you filed for the change. Therefore, be incredibly mindful of timing. To request the change, you will have to fill out and file a series of court forms related to support change. Following court, a judge can determine the new makeup of the support order.