Do Both Parties Need a Change in Circumstances to Modify Child Support?

Do Both Parties Need a Change in Circumstances to Modify Child Support?

Posted By R. Gregory Colvin LLC || 16-May-2016

Child support arrangements, while enforceable by law, are by no means permanent. A child support arrangement can be modified in the event that circumstances should substantially change in the life of the child or either of the child’s parents. Only one involved party needs to experience a continuing change in circumstances in order to petition for a modification of child support, and a petition can be filed by either parent. A petition may be filed if the modification would result in a change in support of at least 15% or $50, whichever is greater. Parents can seek either a reduction or increase in payments.

The following can all be considered substantial changes in circumstances:

  • Loss of employment by either parent
  • A parent becomes disabled
  • The birth of another child from another relationship
  • Changes in parenting time
  • Changes in income of either parent
  • Increases in child related expenses

Petitioning for a child support modification involves filing a Supplemental Petition to Modify Child Support and serving a copy of the petition to the other spouse. Similar to a divorce, both sides must then disclose financial information and plead their case before a judge.

It is imperative to note that all changes to child support must be approved by the courts in order to be legal. If parents verbally agree to lower child support payments without consulting with the courts, the paying spouse will still be held financially responsible for any differences between the actual payments and the payment structure dictated in their court-ordered arrangement.

Hire an Orlando Divorce Lawyer – Call (407) 603-3460

If you are in need of a modification to your child support arrangement, an Orlando divorce attorney from R. Gregory Colvin, LLC can help. Having practiced family law for more than 25 years, our firm can provide the powerful legal advocacy you need to maximize your chances of securing a favorable outcome for your situation.

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