Once a court issues a child support order, can the amount of support that is paid be changed?
The amount of child support is modifiable if there can be demonstrated a material change in circumstances after the initial order of the court. This is usually done by filing of a Motion to Modify with the court. If the parents agree to a change, an agreed motion may be filed, but the court must approve even an agreed-upon change in order for it to be enforceable. A mere agreement between the parties is not enforceable. Example: If the payer parent loses his job and asks the custodial parent if he can go a few months without paying support until he has a new job, the custodial parent may voluntarily agree to this modification. If, however, she later decides that she wants to collect the amount of support that went unpaid during that temporary period, the court might support her if it never formally approved the change. When there is no voluntary agreement, the party seeking the change, after the filing of a motion, must request a court hearing at which each side will present, usually t
The amount of child support is modifiable under certain circumstances and through a variety of methods. The simplest method is for the parents to agree to a change, but the court must approve even an agreed-upon change in order to be enforceable. Example: If the payer parent loses his job and asks the custodial parent if he can go a few months without paying support until he has a new job, the custodial parent may voluntarily agree to this modification. If, however, she later decides that she wants to collect the amount of support that went unpaid during that temporary period, the court might support her if it never formally approved the change. When there is no voluntary agreement, the party seeking the change must request a court hearing at which each side will present, usually through counsel, the reasons supporting and opposing the modification. The court usually will not grant the request unless there has been some fairly significant change in circumstances that justifies the chan
The amount of child support may be modified under certain circumstances and through a variety of methods. The simplest method is for the parents to agree to a change, but the court must approve even an agreed-upon change in order to be enforceable. When there is no voluntary agreement, the party seeking the change must request a court hearing at which each side will present, usually through counsel, the reasons supporting and opposing the modification. The court usually will not grant the request unless there has been a significant change in circumstances that justifies the change, such as a significant increase in either parent’s income through a remarriage, a job change or a considerable change in the needs of the child. Changes in the child support laws, too, may justify a change in previously issued orders. Also, under certain circumstances, an increase in the cost of living can warrant an upward modification of child support. Generally, periodic increases can be provided for in th
An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support order was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent’s financial situation – such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child – such as large medical expenses, need for special education, or other unexpected requirements. Other anticipated changes that can be provided for in the original child support order include a reduction upon the emancipation of each child, an increase when a child enters college, or any other change based on an event that the parties anticipate and that will have an impact on need or ability to pay. The simplest method, of course, is for the parents
Related Questions
- I have been receiving child support directly for years, but I recently went to court and the support is now ordered to be paid through DCSE. What do I need to do?
- I Have Been Receiving Child Support Directly For Years But I Recently Went To Court And The Support Is Now Ordered To Be Paid Through Dcse. Why Is This?
- Once a court issues a child support order, can the amount of support that is paid be changed?
