Child Support Modification

Henry County Child Support Modification Attorney

Changing a child support order, known as child support modification, happens when one or both parents experiences a change in their life that requires them to modify their child support order after divorce. Sometimes both parents can reach an agreement about a change in the child support order, which they can then have approved by a judge. Also, if the original amount of support is below the state’s guidelines, then the amount of child support can be changed at any time. If both spouses cannot agree on their own, and if the original amount of support is at the state’s guidelines, they can request a court hearing to determine a new child support amount, where the parents will have to show a reasonable change in circumstances.

Reasonable change in circumstances

The courts ask parents to show a reasonable change in circumstances in order to qualify for child support modifications, meaning that they have to show that something in their lives have changed that affects the way child support is determined. There are many things that apply, for instance:

  • Either of the parents has experienced a change in income, due to reduced work hours or a job change
  • A parent has lost their job
  • A parent has been incarcerated
  • A parent had another child from a new relationship
  • There has been a change in the child’s needs and costs, including costs for health care, child care, or education
  • There has been changes in how much time the child spends with each parent
  • A parent is deployed to active military service

When can I get a child support modification?

You can request a child support modification at any time after divorce. However, it is recommended that you request a modification as soon as possible after the change in circumstances. Sometimes, a parent will wait to file for child support modification, because they think the change in circumstances is temporary, they are stressed about other things in their life, or they are in a situation that makes filing court papers difficult, such as jail or prison. They may think they will deal with changing child support orders later when it is more convenient, but this can be a big mistake.

Call David Abbott - 404-514-5900