No matter how much time and effort went into your current child support agreement, the number you currently pay or receive is not set in stone. Change comes to everything, and a significant change in circumstances for either divorced parent can result in a petition to the court for a modification. Changes that can lead to a modification include increased childcare costs, a child’s medical needs, or a change in custody arrangements, but one of the most common reasons is a change in financial situation. Whether you’re experiencing a positive shift due to a new job, raise, or promotion, or a drop due to a job loss, pay cut, or health issues, the impact is especially significant if you’re paying or receiving child support.
When a judge signs off on a child support order, they do so knowing that a parent’s circumstances can change at any time, for better or worse. A substantial change in income—either up or down—is one of the most common reasons for requesting a child support modification. If you lose your job, have your hours reduced, become disabled, or take a lower-paying position, you may be eligible to have the amount of support you pay reduced. By the same token, if you start making significantly more money, your ex-spouse has the right to ask the court to increase your contribution to child support.
If you want to change your child support order, you’ll need to file a petition for modification with the same court that issued your original order. They’ll need to see evidence about your new financial circumstances, which can include pay stubs, tax returns, or proof of job loss. The court will review your request and determine whether the change is substantial and ongoing rather than temporary.
If your financial situation changes, don’t wait to submit a request for a modification. A shift in child support won’t happen automatically, even if your income has changed or gone away completely. Everything will stay the same, and you’ll be legally required to continue paying the same amount until a judge has approved a new order, and courts generally can’t make changes retroactive to the date your income changed—only to the date you filed your petition. The faster you act, the more quickly you can stop yourself from falling behind on payments and facing enforcement actions.
If you need help understanding child support rules or submitting a petition for modification, our experienced divorce attorneys can help. Contact us today to set up a time to meet.