When you are dealing with child support payments, no decision is ever final. At any time, there can be a change in circumstances where the amount of money paid will need to be adjusted. If support payments need to be modified, you need to keep the following points in mind.
Prove a Major Change in Your Financial Circumstances
One thing that is required to make changes to child support payments is proof that your finances have changed drastically. If you are the parent who receives the child support and need more money, you need to show that the current payment is not enough to meet your child's needs. If you are the parent who pays child support and needs the amount lowered, you will have to provide proof showing you do not have the adequate income to make your payments.
Another consideration is if your child has a sudden influx of needs, such as paying for medical treatments or school expenses.
Go to Court for Approval
Before you make any changes to your child support agreement, you need to get it approved in court. You cannot simply talk to each other and mutually agree to the changes in payments. While you can discuss your needs and figure out your needs, you need to have it solidified in court. This is to protect your child and ensures he or she is getting an appropriate amount of child support on a continual basis.
During court, a judge will look at your request. If the request is approved, the judge will then issue a new child support order.
It is very easy to go to court for a child support modification. You need to fill out the paperwork you can get from your local courthouse. You will also have to pay a fee. As long as the request is reasonable and fair, and the changes in circumstances can be proven, more than likely your modification request will be approved.
If one parent is not in agreement with the modification, a court hearing will likely be necessary. You will each need to have a good argument as to why the modification is or is not necessary. While an attorney is not required for a child support modification, it is best to have one retained if you feel like the process could be less than amicable. Your child support attorney will go through the process for you, so you and your former spouse do not quarrel during this process.