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How to Modify a Child Support Order

Posted on January 19th, 2020 by Oddo & Babat, P.C.

Family Lawyer

When the court issues a child support order, it’s purpose is to provide for the child’s needs based on the income each parent earns at the time the order is issued. The court understands that as time goes by, many changes take place in the lives of families, including the income level of the parents. This is why the courts have put rules in place regarding the child support modification process.

Experienced lawyers understand how these changes can mean that the amount of child support that you are ordered to pay or receive needs to be modified. A good child support lawyer, like a child support lawyer in Rockville, MD, can help you with this process. 

The Modification Process

Each state has its own child support laws in place. These laws also include how often a child support order can be modified. In the majority of states, this timeframe is between three to four years. This means that every three to four years, either parent can request that the court reexamine the original order and determine if the amount being paid should be increased or decreased based on any changes for the parents’ income.

In some cases, a parent may feel that an immediate change is necessary and that they cannot wait for the timeframe set by the state. In these situations, a child support attorney can file the appropriate petition with the family court that issued the original court order to request that it be amended. It is important to note that even if the other parent agrees to the change, a petition must still be filed and approved by the court.

If the other parent does not agree to the order, then your child support attorney will need to prove to the court why this proposed change is in the best interest of the child. The petitioning parent must prove that there has been a substantial change in circumstances for one or both parents. This can include job loss, increase in income, relocation, or any other change that impacts the financial position of the parent.

A substantial change in income is typically considered 10 percent – either an increase or a decrease. Another substantial change that would be considered reasons for a modification is if the child’s needs have changed significantly since the order was issued. This can include medical expenses or education expenses.  

Contact an Experienced Child Support Attorney Today

If you would like to find out if you have a case that qualifies for a child support modification, contact a child support attorney today. A good child support attorney can evaluate your situation and determine what circumstances will convince the family court that a change in modification is warranted.

Whether you are the parent receiving child support or the parent paying, an experienced firm can provide you with the legal knowledge and expertise you need. Call an attorney’s office today to set up a consultation to find out how a child support attorney can help.

 

Thanks to The Law Office of Daniel J. Wright for their insight into how to modify a child support order. 

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