The Basic Principles of Child Support Modification

Raising a child is a challenge under the best of circumstances. But when you’re a single parent or the sole managing conservator of a child, meeting all their needs can become frustrating and exhausting. If you feel like child support modification may be in order, it’s a good idea to consult your attorney. If you didn’t have your own lawyer during your divorce, it’s not too late to find someone who can help now. A family lawyer can assist you in understanding the basics of child support modification and how existing laws can help you and your child. Certain factors must be met before a court can rule on a modification of support payments, so you’ll need to know what they’re looking for.

You may be entitled to pursue child support modification if circumstances have changed since the support order was finalized. If you or the other parent has lost their job, gotten a better job, married or adopted another child, or if there’s a change in your child’s needs or residence, it may be prudent to seek a modification of support amounts. Child support payments are calculated based on the income of the non-custodial parent. If the other parent gets a better job or a raise, monthly support payments can be recalculated. Note that any changes in support payments must be approved by the court.

If it has been more than three years since child support modification has taken place, the “three-year rule” applies. If the change in support amounts to 20 percent of the monthly payment or $100, the courts are likely to modify the amount of support payments. There may be other special circumstances that can impact child support modification, such as disproving paternity or the relinquishing of parental rights. If you’re not sure how to proceed, it’s a good idea to make an appointment to consult with a family law attorney. An experienced lawyer can help you navigate the court system to insure your child has the financial support they deserve.


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