Courts make the best interests of a child the highest priority in child custody and child support orders after a divorce, which is why they generally do not approve child support modifications unless there is a substantial change in circumstances. Yet, those substantial changes do occur, especially in a difficult economy. If there is justification for a change in child support amounts, however, parents must be sure to have those changes approved by the court for a number of important reasons.
Reasons for Child Support Modifications
One of the highest priorities in most family courts is to provide a stable environment for a child of divorce. Generally, only when a “substantial change in circumstances” destabilizes the home will a court order modification in support. Some of the common reasons for a change in child support orders can include:
- Decreased income or job loss on the part of either parent
- Increase income on the part of either parent
- Increased financial requirements of the child, such as medical needs, educational needs, increased expenses for older children, cost-of-living increases, and more
- Changes in insurance needs or costs
Modifying Child Support Orders
If there is a significant change in circumstances that requires a change in child support, that change must be approved by the court as soon as possible. Especially in cases where the non-custodial parent faces a job loss or lower income, the sooner they can obtain a child support modification the better. Even if their circumstances become difficult and they are unable to pay all of their support for reasons beyond their control, the full amount of support due will remain in effect until they are changed by the court. Modifications will never apply retroactively to payments missed in the past, and child support payments cannot be erased through bankruptcy. Parents may face growing arrearage if they do not obtain a child support modification order as soon as the need arises.
Once it becomes clear that a child support modification is going to be required, it is best if both parents can agree on the new orders and present that agreement to the court for approval. Merely coming to a verbal agreement is not enough to protect the obligor from missing or late payments if the custodial parent wishes to press the issue. If the parents cannot come to an agreement about new support amounts, they must present their case to the judge. Court will ultimately make a decision about new support orders; however, that can be at a greater cost to both parties in attorney fees and court costs.
Getting Legal Help with Modifying Child Support
Parents attempting to change support orders may be able to come to an agreement and have it approved without conflict, but they should nevertheless have it approved by the court. If they cannot agree on a new support amount, they should generally enlist the help of a knowledgeable child support attorney to present their case effectively in court. Otherwise, they may not obtain the new arrangement they believe is necessary under the new circumstances they face.
