Life is unpredictable. A previously established child support agreement that worked for both parties in the past may not work in the present or future.
Fortunately, court-mandated agreements (such as child support) can be modified if they are no longer convenient for either party. However, specific reasons that must be proven for a court to grant the modification.
Valid Reasons to Request Modifications
A court will only consider child support modifications when there is a significant change in either a child’s needs or the payer’s income.
You may be considered eligible for a modification if you:
- have recently lost your job;
- your income has decreased significantly;
- your income has increased significantly;
- you’ve become disabled;
- your child’s needs have changed; or
- you have become responsible for a new child.
Any modification requests will be investigated thoroughly by the court. Generally, they will compare your current income with the income you earned when the original support order was established. If the difference is not significant, your request may be denied.
How to Request a Modification
The first thing you need to do is file a motion with the court asking for the modification. You can do this on your own or with the help of an attorney with modification experience. The court will consider whether your change of circumstance is substantial enough to warrant the modification.
Permanent vs. Temporary
A court could grant either a permanent or temporary child support modification. A temporary modification is generally granted if the child needs a one-time expenditure. For example, the child may need school uniforms or braces. A permanent modification is put in place when the circumstances of the payer has been altered for the foreseeable future.
The Springer Law Firm Can Help
If your financial situation has dramatically changed since you made a child support agreement, reach out to our firm. We have extensive knowledge on document modification law and can help you construct a solid motion for modification.
Contact our firm online or give us a call at (281) 990-6025 for a legal consultation.