There are times when substantial changes in the needs of a child or the income of a parent warrant one or both parents seeking a child support modification. Either or both parents can request a modification, either to raise support amounts or lower them, as the case may be. However, both parents must realize that the court is required to enforce orders that are legally in effect, not verbal agreements. It must be considered a possibility that divorced parents may disagree in the future and will then claim the legally ordered amounts once again. If for no other reason, which alone makes it essential to obtain an official court order for any child support modifications.
Reasons for Increasing Child Support
There are several reasons for increasing child support amounts. However, in order for the court to approve those modification requests, they must determine that they are in the best interests of the child. Some of the common reasons for child support increases include:
- A substantial increase in the income of the non-custodial parent, usually considered to be 10% or more, since the courts consider it in the best interests of the child to live in reasonably equal circumstances when residing in the home of either parent
- A substantial decrease in the income of the custodial parent, again, usually considered to be 10% or more. In a difficult economy, if the custodial parent loses their job through no fault of their own, they may require a substantial increase in child support, at least temporarily
- A substantial increase in the needs of the child, including medical expenses, educational expenses, age-related expenses, or cost-of-living increases
Those substantial changes should not be based on voluntary changes by one parent or the other. If the custodial parent quits their job or takes a substantial pay cut voluntarily, that is generally not considered a qualified reason for increasing support payments from the other parent.
Obtaining Child Support Modifications
It is important to obtain court approval for any child support modifications that are required. While parents may agree on those modifications initially and decide that a verbal agreement is sufficient, if their relationship deteriorates, the partner that originally accepted the changes requested by the other may ask the court to invoke the original support orders. In addition, verbal agreements cannot be enforced by the court. If the obligor falls behind and the custodial parent asks the court to help collect support payments, the court will invoke the original support order. In order to obtain a new, legally modified agreement, the couple may merely be required to fill out the proper forms and submit them to the court for a small fee. If they are reasonable, and represent a substantial change in circumstances, the court will generally approve them without a hearing. If the couple cannot agree on changes, they will have to argue their case in court, incurring additional court costs and attorneys fees.
Getting Legal Help with Increasing Child Support
If a parent must take their request for a change in support amounts to court, they should generally consult a qualified child support attorney to help them present their case effectively. Judges are often unwilling to make changes unless the petitioner presents a good argument for the change being in the best interests of the child and the parent.
