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Can You Have Child Support Modified?

Posted on : June 6, 2020

A Change In Circumstance May Warrant Child Support Modification

Life changes, like earning a raise or losing your job, can happen any time. If you have a child support order and you have a significant change in your material circumstances, it may be necessary to have your child support order modified. Here’s what you need to know about child support modifications and what your next step should be.

Child Support Modifications For More Child Support

If you are the recipient of child support, you know how important it is that you receive the funds that are due to you in order to provide for the needs of your children. If the payor of the child support has had a marked change in material circumstances for the better, more child support may be owed. Child support amounts are based on a percentage of total earnings, so if the payor’s earnings increase, it makes sense that child support payments would increase as well.

Court Involvement In Child Support Modifications

Often, it is necessary to involve the courts so the child support order may be modified. Regardless of whether the payor is on board with this change, if it can be clearly demonstrated that the payor is earning more money than what is recorded on the original child support order, it is likely that you will be able to have your child support increased.

Child Support Modifications For Less Child Support

It is not uncommon for payors of child support to have a negative change in their material circumstances, such as an injury that causes them to lose time from work or even the complete loss of their job. In cases like this, it may become a significant financial burden for the payor to continue paying child support if his or her income has substantially decreased.

Proving Material Changes In Your Personal Circumstances

If you can clearly illustrate to the court that your material circumstances have changed in a negative way, you may be able to have your child support temporarily decreased. Since child support is calculated as a percentage of your income, it is likely that your child support can be decreased if your income decreases.

Do Not Stop Paying Or Cut Payments Without The Courts Consent

However, it is absolutely critical that you involve the courts in this matter as opposed to simply paying less child support because you are making less money. Paying less child support without a formal change to the child support order can have drastic consequences, including jail time.

Contact a Child Support Modification Attorney Today to Learn More

Donna Bucholz, P.A., is an experienced child support modification attorney who can help you make adjustments to your child support order as your situation demands. Contact her today for a consultation to discuss your case and to move forward with the next step. Call now at (813) 902-9100.

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