When Can You Modify The Child Support Agreement?
Many parents have trouble paying child support or caring for their kids on the existing child support due to the change in their work or lifestyle. If you are receiving or paying child support, you may feel that it is time to change a child support agreement. Once a child support agreement is made, the payment amount can be changed under certain circumstances. The ‘change in circumstances’ has to be shown since the last child support agreement was made. Here’s when and how you can change a child support agreement:
Parents agreement to change child support
When you think of changing a child support agreement, you should see whether you and the other parent can reach agreement to modify the terms of child support. If you do reach an agreement with the other parent, you just have to ask the judge to change the child support agreement. This will not be a problem unless the amount you have agreed upon is very low than your state’s guidelines. In such a case, the parents will have to justify why and how the amount agreed to will provide adequately for the child’s support.
Ask a court to change child support
When you and the other parent of the child cannot agree on a change, you should ask for a court hearing in which each of you can argue for the amount you think is correct. To get the modification done, you should be able to show that your circumstances have changed since the last child support order was made. Based on these changed circumstances, the court may make a temporary or permanent change in the amount of child support to be paid or received.
The ‘change in circumstances’ that support temporary modification of child support orders include:
- Child’s medical emergency
- Payer’s temporary inability to pay
- Temporary medical or financial hardship on the recipient parent
The ‘change in circumstances’ that support permanent modification of child support orders include:
- Either parent loses a job or changes to a new job with significantly different income
- Cost of living increases
- Either parent remarries and the new spouse’s income increases the household income significantly
- Either parent becomes disabled
- Child needs change significantly
- Child support laws change
When you change a child support agreement permanently, the change will remain in effect until child support is no longer required or the order is changed later due to a new set of changed circumstances.
If you are having difficulty paying child support or bringing up your child in the amount you receive from the other parent as child support, you should ask to change a child support agreement. You could also get guidance from experienced lawyers. They will help you get the necessary modifications done.
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