Getting a divorce is difficult. Adding children to the mix can be even harder, particularly when it comes to arranging custody. Child support is worked out as part of your divorce decree, but life has a way of changing things. If you need to make a change to your child support situation, you will need to get a child support modification along with evidence as to why it is necessary. The following are some things you need to know if you ever have to go this route.
Parents Can Make Changes
You are the parents of the children, and you have the right to make changes to your child support arrangement as long as you both can agree. The two of you need to discuss why the changes are necessary, how the financial situation will change if applicable, and the like. If you can both come to an agreement, you will only need to provide your modification to the judge for approval with no other involvement of the court.
Support that falls below a certain threshold based on state guidelines will have to be explained to the judge. The parent receiving the support will have to prove that he or she can adequately pay for the care of the children with the decrease in support. For more reasonable changes, the support changes can be approved more quickly.
Requesting a Change Through Court
Many times, couples that are divorced are not able to adequately communicate, particularly when it comes to money situations. In this case, you can make a request to the child support arrangements through the court. Each parent will be allowed to argue why any change is necessary or how it will impact the children.
Both parents will have to show proof as to why the change is necessary, such as a job loss or illness. If the change does appear to be permanent, a judge may grant a temporary change in child support.
If you are the paying parent, you need to act quickly if you want to seek a modification in child support. As long as your order is in place, you are required to make timely payments. Financial setbacks can cause you to miss a payment, but you are still responsible for paying it even if you have no way to do so. Not making your payments can come with significant penalties. If you are considering bankruptcy to help get out of any back payments owed, keep in mind that any missed child support payments are not charged off in bankruptcy. You will still have to pay them or face potential jail time and fines.
For more information, contact a law office like Cooper Levenson Attorneys At Law.