While both spouses may have fixed already the amount of child support, this still could be subject to change especially when the source of living or condition of either or both of whom is unstable or inconstant. This serves as an option in order that the aid for the child's needs could be sustained and the possible issues or conflicts could be avoided. It is not easily gone through, however, for there should be concurrence of the parents to modify the same in adherence to the legal requirements. For your quick guide on this, the following details about child support modification are briefly explained:
Agreement of Parents to Modify the Support
The initial step for a successful modification of child support is negotiating with the other party to agree on your request given the reasonable situation or justification. If both of you concurred to this plan, you can then ask the judge to approve it; however, bear in mind that the agreement (especially on the amount) should not deviate from the state's guidelines. As such, it is necessary to explain why the propose agreement is justified and how the condition will provide sufficiently for the support of your child.
Bringing the Matter to the Court
It is the coherent recourse when your spouse does not agree to the changes you are proposing; in this case, you have to prove why the modification is appropriate. In particular, you have to show through family divorce attorney that the circumstances during the original agreement was made had already changed; hence, the court can consider imposing temporary or permanent modification of the agreement. Some examples of the changes supporting the temporary modification include medical hardship on the recipient parent, payer's temporary inability to pay, and child's medical emergency. As to the permanent modification, this can be justified by YourLawCenter Divorce Attorney with these circumstances: increase in the cost of living, disability of either parent, changes on the child support laws, changes on the child's needs, and either parent loses a job or remarries. Further, it is noteworthy that the order on the modification of child support remains in effect until the support is no longer required, or the order is subsequently modified.
Why Should You Not Delay the Process?
If you are the one paying for child support and becomes unable to pay for it as you have lost your job, or your income significantly dropped, you have to pursue the modification as soon as possible. This is so because any amount that you miss to pay will become “arrears” which you would still pay when you already have money; note also that they can't be reduced retroactively or be discharged for the reason of bankruptcy. Given this consequence, you have to file motion with the court immediately in case your ex will not agree to change the agreement. But if there is agreement from the other, you should put it in writing and get approval from the judge.
Ups and Downs in the Cost of Living
Modification on the child support may no longer be necessary if your divorce law attorney had provided COLA clause in your original agreement. This provides that the payments would concurrently increase in yearly basis at the rate equal to the increase in annual cost of living which is taken from economic indicator. So if you intend to make child support agreement with your spouse, do consider putting this in there to avoid the hassle (or complication) of modifying it whenever there are changes in your financial capabilities.
Nonetheless, before filing a motion for the aforesaid purpose, you may find it proper to consult your divorce mediation lawyer first so that you would know the court rules governing such action.
0 comments:
Post a Comment