Parents who get divorced or separated must decide how to share custody, visitation, and child support. The child support amounts are determined based on the financial state of the parents, where the child is living, and requirements of the child.
The situation might evolve over time, but the child support payments will not until a court says so. If a parent wishes to alter the child support obligation, that parent must request the court to modify the child support order.
Laws on modifying child support will vary on where you live and your unique circumstances. For the best legal advice, you should consult with one of the good child support lawyers in your state.
Root of the Child Support Computation
Noncustodial parents usually make child support payments. It doesn’t make no difference in the lives of the parents whether they live together or not -that being defined in America by legal and financial responsibility for the care and maintenance of the child. Each state works out child support according to their respective state child support guidelines. All these are contents used in the calculation of child support.
- The net income of each parent
- Educational expenses
- Health insurance premiums
- Child care expenses
- The child’s Unique Needs
- Additional children
- Another payment of child support
After the court makes a child support determination, the noncustodial parent is expected to make timely child support payments.
Typically, these payments are made monthly to the state child support agency or a county child support office. When a parent misses a due date for payment in full, is behind on payments or fails to pay in full for any reason, the DCSS may have to enforce the payment order and seek collection, including wage garnishment.
When Does the State Change the Child Support?
For the most part, child support payments won’t change unless a parent goes to court and asks to have the award modified. Modification of a child support award usually must be based on a “substantial change in circumstances.” Some of the changes in family conditions that may warrant modification of support order from a child support office are:
- Amending a child custody/visitationORDER:
- Significant change in the financial ability of the parent paying support
- Substantial increase or decrease in the income of the parent receiving child support NOTE: The increase or decrease must not be voluntary.
- An increased financial need of the child due to a health care situation, educational costs, and or other special needs
- At least one parent is or has been in prison
- Financial Circumstances as a Process
It’s the need to modify child support There are a number of reasons to modify child support, and the primary reasons is a change in circumstances such as job loss or new employment.
Alternatively, if the noncustodial parent earns more money, the custodial parent may wish to adjust the award to reflect his or her increased income. If the noncustodial parent loses their job and doesn’t have any source of income, they may request a modification that reflects their lack of income.
Some states may require some threshold percent of change in finances to justify a change in the award.
In Florida, the court may determine there is a substantial change in circumstances if there is a difference between current monthly child support amount and the amount produced in an order of at least 15% or $50. In the state of Texas, child support orders are modifiable if it there has been more than 3 year and if the change would be greater than $100 or 20% per month in child support.
A change in income—even a small one—may not be sufficient to prompt a modification of a support order. Taking a new job at a slightly lower salary, or getting laid off but receiving a generous severance package, may not merit a cut in support, they said.
If a parent is laid off and cannot find a comparable-paying job, they can petition the court to lower their child support obligation because their income is now lower. Nonetheless, the court may still mandate some monthly payment, regardless of whether the parent is unemployed or underemployed. Don’t hesitate to speak with your family law attorney for your modification request options.
Will Filing for Bankruptcy Wipe out Child Support?
Bankruptcy may be a substantial change in circumstances, but child support arrearages are not a dischargeable obligation in bankruptcy. However, if you fall behind on child support payments when you file for bankruptcy, those debts can’t be discharged. Bankruptcy should not affect child support payments that are due now. Moreover, amended child support orders are not retroactive and would apply only to future payment duties.
Change in Parenting Time
A revision in the custody agreement or visitation schedule can also serve as grounds to modify child support payments. For instance, if a divorce contract stipulated that parenting time is 80/20, a child could reside with one parent 80% of the time and visit the other 20%. The court may already have compensated for a larger share of the noncustodial parent’s income to pay the costs of bringing the child up.
“But then, after a few years, the custodial parent got a new job that involved travel. Child was placed primarily with noncustodial parent, and visiting times with the custodial parent were scheduled for weekends and holidays by the new timesharing schedule. In these circumstances, the non-custodial parent may file for a modification of the previous custody arrangement and the child support decision. If custody changes, the court may modify which parent has to pay child support to the other.
Changing Needs of the Child
Child support orders can be modified on the child’s behalf, too. For instance, if the child is involved in a disabling accident or develops a severe medical condition, the child may incur additional medical expenses and need additional care. It is presumed that both parents shall be responsible to cater for any variations in the needs of the child.
How Do I Get My Child Support Payments Modified?
The process of updating will vary by state. Before filing a family court petition to modify child custody orders, find anything that shows a change in financial status. Supporting evidence may include:
- W-2s or tax returns that show a reduction in income
- A bill or invoice from the child’s school or education provider
- Medical insurance history
- Letter of Dismissal or Records of unemployment
In many places, you will need the courts to approve such a change. The judge may have to call an in-person child support hearing before the family court judge so that one can hear from the other.
It is also up to the judge to determine what is best for the child, and render a final decision on the opportunity. Consult an accomplished family law attorney, like the Law Office of Anthony Griego, to find out how to get your monthly child support payments changed.
