The court can modify a child support order if it establishes that there has been a major change in circumstances that directly affect the ...
The court can modify a child support order if it establishes that there has been a major change in circumstances that directly affect the child’s welfare, such as a change in income, cost of living, or a change in a child’s needs. The modification must also be in the child’s best interest. To initiate the process, one parent can make a modification request with the court.
The main reasons that make child support order modification necessary include:
1- Fluctuations in Income
A change in income is perhaps the most common reason parents request for modification of child support order. This is because income tends to fluctuate. If the party paying support experiences a decline in income, he or she may be worried about his or her ability to meet the obligation. If the recipient of child support sees a decrease in income, he or she may be worried about the ability to meet the children’s basic needs. A rise in income is also stressful because it comes with uncertainties over extra obligations. No matter the situation, a fluctuation in income may call for a modification of the child support agreement.
2- A Change in the Needs of the Child or Addition of New Children
The needs of children tend to increase as they age. This usually results in additional spending for things such as medical or dental care, private tuition fees, therapy for a minor with a learning or physical disability, and co-curricular activities, courses, or sports. A custodial parent may request extra child support to help in meeting the expenses that come with aging children or children with special needs. If the paying parent remarries or has other children, his or her obligations and costs will change. In such a situation, the parent may request the court to reduce his or her support obligation to a single child. That way, he or she can support all of his or her children at an equal level.
3-Cost of Living Adjustment (COLA) Clauses
The original child support order may feature a COLA clause. According to this clause, child support payments may rise or drop annually depending on the yearly Cost of Living. In the absence of such a clause, the paying party may request the court to modify the support order to be in line with the Cost of Living.
4-Incarceration
Whether an incarcerated paying party can obtain a child support modification is hinged on his or her state. Some states treat incarceration as “voluntary unemployment.” An imprisoned parent cannot, therefore, qualify for a modification in such states. An incarcerated parent should reach out to his or her local child support office as soon as possible and make a request for review. He or she should, however, bear in mind that getting incarcerated doesn’t automatically result in the modification of a child support order.
5-Loss of Job or Source of Income
If the paying parent loses a job or source of income, he or she cannot just stop paying and expect that missed payments will be forgiven. Failing to meet child support obligations can result in strict consequences, such as passport restrictions, temporary or permanent revocation of a driver’s license, and a jail sentence in serious cases. Instead of discontinuing payments, the paying party should work closely with the recipient party in coming up with an agreement. If the two parties can work out a temporary modification, the next step should be requesting the court to approve the agreement. If the court approves it, the agreement will become legally binding. Finding a new job with the help of a recruiter can help the paying party continue meeting his or her child support obligation
