Child support is set in final orders based on the income and children at the time of the orders. But, your child support amount doesn’t have to stay that number forever. Child support can be change by requesting a child support modification. If you think you might need your child support modified there are ways to do that. Here are three things to know about child support modification:
1- 3 Years Since the Last Child Support Order
If it has been three years since the last time the Court entered an order about your child support and the current child support differs by either 20% or $100 from the last amount, the Court may modify the current child support.
2- Material and Substantial Change
Have the circumstances of the child or children or one of the parents changed materially and substantially since the date of the last order or the signing of a mediated settlement agreement or collaborative law agreement? Has there been a change of income because of a job loss or job change? Has income increased due to a promotion? If so, you may have sufficient change to allow the court to consider changing the child support amount. An experienced family law attorney can discuss your facts with you.
3-Child Support Cap Increase
In September 2013, the maximum monthly net income cap to calculate child support was raised from $7,500.00 to $8,550.00. If the monthly income was based on the maximum of $7,500.00 and the child support payor’s income is more than that each month, this may be enough of a change to allow the child support to be modified.
Each case is different and the facts have to be considered individually. So, talk with a family law attorney today to see if your child support can be modified. If you like this post, share it via the links below.
Jill O’Connell is an experienced family law attorney. Set an appointment today at 940-497-5454.
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