It is a parent’s privilege and duty to take care of a child. In the case of divorce, this may include an order of child support.
Whether a parent is paying or receiving support, sometimes modifications to child support payments may be necessary. There are a few key aspects to be aware of when dealing with such changes.
Grounds for modification
There are certain instances where a modification may be possible. A drastic change in the payee’s income due to job loss or change, demotion, illness or disability may be grounds for a modification of child support. However, this does not apply if a party quits a job voluntarily. Another means for modification would be if the living situation or needs of the child change.
The most obvious means for petitioning for a modification is through the court system. However, that is not the only way. Those who would prefer a more private intervention may seek the help of a mediator, or may even work it out amongst themselves. Whichever way parties chose to go, the modification must be in writing and include the appropriate documents, and the court must approve it.
To begin the court process, the petitioning party must file a motion for modification, appearance form and an affidavit concerning children, along with the required fee. Once approved, the petitioning party must arrange the delivery of the forms by a State Marshall to the other party. On the court date, both parties must bring a financial affidavit, along with any documents of evidence. If a party opposes the modification to support, it would be beneficial to bring evidence to support an opposing argument. The judge will review all documentation and evidence, utilize a support calculator to compare the current support amount and requested modification, and make a decision.