Divorce – Do It Right

Divorce – Do It Right

5 Reasons To Modify A Child Support Agreement

by Joyce Diaz

Have you been ordered to pay child support as part of a divorce, and you want to request a modification to how much you owe? If so, know the reasons why this request can be granted. 

You've Been Paying Child Support For At Least Three Years 

Know that you have the right to request that your child support payment is reviewed if it has been three years since you were originally ordered to pay the original amount. However, keep in mind that it is on you to request the review of your child support payment, and it will not happen automatically unless you take the necessary steps. 

Your Child's Needs Have Changed

Is there something that happened where the needs of your child have drastically changed over the years? While this often happens if a child suffers a disability and requires more child support, the opposite can also happen. If your child's needs have decreased and they do not require additional financial support for an outstanding circumstance, you can request a modification to the child support payment. 

You've Lost Income

Child support payments are at first based on what your income is at the time the child support agreement is made. However, you may have had a loss in income since then, which is resulting in more of your income going toward child support. A modification will likely not be granted for a slight change in income, but it can occur if there is a significant change in income due to your job. 

Your Child Is Now Receiving Public Assistance

If your child has now become eligible to receive some sort of public assistance, know that the additional income that they receive can potentially offset how much you owe in child support. This is not a guarantee that your request will be granted, but a change in financial circumstances in any way can be a valid reason to request that your child support payments are lowered. 

Your Child's Physical Custody Situation Has Changed

Another thing that can change over the years is your child's custody situation. If you have increased the number of days that you have custody, or you now have primary custody of your child, that can be a valid reason to adjust your child support payments. The non-custodial parent will not need the additional money to take care of your child because that responsibility has been shifted more toward you. 

A child support attorney can advise you in any of these situations and can help you navigate these changes.


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Divorce – Do It Right

Hello. My name is Stephanie Laurel. I have recently been through a divorce, and although I don’t wish it on anyone, I do wish that everyone could come out of the proceedings feeling they have been taken care of. My husband and I had been married twenty-eight years. We have four children, two of which are still under eighteen years of age. We owned the home we lived in and had a vacation home in a different state. We are civilized people, we get along fairly well considering, but no matter how much we thought we could go through the divorce process without lawyers, it wasn't possible. We each hired a divorce attorney to represent us. Most of the negotiations went well, but when we hit a rough spot the attorneys took over. Thank goodness. I’m going to share more about the experience and hope it helps you.