Child support payments once determined are not easy to change. However, if there are circumstances that call for a revision of the child support payments, then modifications can be made to the order.
It isn’t easy or simple to change youngster’s assist. If you are the paying parent and want a child-support modification that will help you get payments lowered, then you must be able to provide a valid reason for the court to agree to lower the child payments. If you are the custodial parent receiving payments and want an increase, then you must provide a valid reason for the court to order an increase in payments.
How Can I Lower My Child Support Payments?
If there are financial changes in the circumstances of the parent making the youngster assist payments, the parent can apply for a modification of the child support decree. For example, loss of a job, severe losses in business, or a disability that makes it difficult for him to continue making payments may be considered as valid reasons for the modification of child support.
On the other hand, you might have a case for getting your child support payments lowered if your ex-spouse is now making much more money than earlier. If your ex-spouse has recently changed jobs, which now leaves her or him with much more income to care for the youngster, you may ask the court to decrease your youngster assist obligations.
In other cases, there may be changes in the child’s situation that call for a modification of child support. Certain child-support expenses may be unnecessary because the child has grown out of certain needs that were included in the earlier youngster assist order. For instance, if the child is no longer attending daycare, then a child support modification may be called for in order to lower the support.
To determine how you can ask the court to decrease your youngster assist payments, get in touch with a family lawyer in Boca Raton. Remember, modifications are not granted by the court easily. Discuss your case with a family lawyer in Boca Raton today.
Can My Spouse Ask For More Child Support?
Child support payments are determined at the time of finalizing a divorce decree. Once the terms of the child-support have been finalized, it is very difficult to make changes to these. You can in some cases, however, apply for a modification of youngster assist payments. Remember that this is a complicated process, and a court will require that you provide plenty of evidence to establish that you are eligible for an increase in child support. For help understanding, if a modification of child support is possible in your case, discuss with a Boca Raton family lawyer.
If your ex-spouse is now earning more and enjoys stronger financial circumstances than at the time of the child-support determination, you may file a petition for modification of child support, in order to get your child support increased. Speak to a family lawyer about how you can file for a modification of youngster support.
Remember, for the court to agree to a modification of youngster assist, it must find substantial evidence to indicate that there has been a change in the financial circumstances of the family since the original child support order was passed, which allows for a modification of the youngster support payments.
Change in your ex-spouse’s financial circumstances may be the result of a promotion at work, the launch of a new business, increased profits in business and so on. Speak to a family lawyer to learn whether you qualify for a modification of child support.
There may be other circumstances too in which you may be able to claim an increase in youngster assist. For instance, if you have recently lost your job or have suffered financial losses, you may want to petition for additional support. Speak to a Boca Raton family lawyer to learn how you can begin the process of asking for a modification.
What Happens if I Fall Behind On Child Support Payments?
Owing back child support payments can derail any efforts to reduce the amount of those payments in the future. The punishment for failure to pay court-ordered child support includes fines and up to 6 months in prison (or both) for a first offense. For a second offense, or where child support hasn’t been paid for more than 2 years, or the amount owing is more than $10,000, the punishment is a fine of up to $250,000 or 2 years in prison or both.
Sometimes, people make the mistake of withholding visitation if their spouse is behind on child support payments. Remember, this is actually illegal. Under the law, child support and child custody are treated as two separate issues, and you cannot punish or penalize your spouse based on his failure to adhere to the terms of your child support agreement by violating the terms of the visitation agreement that you have with him or her. You cannot simply withhold visitation rights because of the delayed payments. Similarly, if your spouse is not complying with certain terms of the visitation schedule, or denying you access to the child, you cannot simply stop making child support payments. It is against the law to do so.
If you are paying child support and your circumstances change, do not make the decision to just stop paying. Contact a Boca Raton family law attorney at once and seek a modification of your child support responsibilities. If you wait to seek a modification, it will not be retroactive, and once you fall behind, in many cases you may no longer qualify for a modification. Requesting a modification of child support can be quite complicated; for starters, several forms of proof that you qualify for a modification will be required. If you need to have your child support modified in south Florida – or if your ex is requesting a child support modification and you need to challenge that request – don’t wait. Arrange to speak with an experienced Boca Raton family law attorney as quickly as possible.