Tuesday, January 19, 2010

Are You Entitled to a Child Support Modification?

The answer: it depends.

If there is already a court order for child support, a judge will have to find that changed circumstances exist that are continuous and substantial enough to make the amount of support unreasonable.  Usually this means that the amount of support you would be obligated to pay or receive because of the changed circumstances is 20% or more above or below what support is now.  If modifying support would result in a change of less than 20%, it's going to be much harder to convince a judge that not modifying support to the new amount would be unreasonable. 



How is support calculated?  The guidelines followed by courts take into account factors such as the income of both parents, expenses of both parents, and the number of overnight stays the children have with the noncustodial parent.  Any wrongdoing on the part of either parent could also come into play when the judge makes a child support determination.

The bottom line is that whether you should seek a modification really depends on your particular situation, and an attorney can be very helpful in helping you decide whether to seek a modification.

1 comment:

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