If you feel that an increase child support is in order in your support case, you need to file for a modification of your child support order (if you have one). Some cases are handled amicably between the parents and do not involve a court order. If you have such a case, you can either seek to get the court involved or handle it outside of court.
How to Seek an Increase in Child Support
To get a child support increase, you must ask for it. You can ask the party who is responsible to pay for an increase or you can seek a court order for a modification if you have a court ordered child support agreement currently. Child support modification is handled differently in each state, so consult your state law and a local attorney to get more specific advice. Generally, modification of a child support order requires that a change of circumstances be established. Change of circumstances can include loss of job or reduction of income for the payee. It can also include increase in income of the payer of child support. Other circumstances a court may consider in determining modification include:
- Remarriage of either party which leads to a change of financial obligations;
- Changes to the amount of custody share each parent has; and
- Increases in expenses due to a child's special needs.
The court will consider any other change of circumstances, and determine on a case-by-case basis what is appropriate and in line with the law.
You will need to petition the court and provide evidence as to any changes in your circumstances on which you are basing your petition. Then, you should be provided with a hearing date. At the hearing both you and your ex-spouse or the paying party can present evidence and testimony as to why the support increase either is or is not appropriate. The court will take all factors into consideration and the outcome will be either a denial of petition or a new order granting increased child support.
Getting Legal Advice
An attorney who handles family law matters in your state can help you file the appropriate paperwork to seek an increase in your child support payments. Discuss your options with an attorney and get candid advice about your case. An attorney will be able to assess your right to a child support increase if you provide basic financial details.
