Child support is essential to ensuring children's well-being in case of a divorce or separation. However, the financial circumstances of both parents can change over time, necessitating modifications to child support. Understanding when and how to seek changes in child support is vital. Whether you are a custodial parent or a non-custodial parent, this comprehensive guide aims to provide information on the ins and outs of child support modifications, highlighting the importance of documenting evidence to prove the need for a modification.
When Can You Seek Child Support Modification?
A child support modification is typically sought in case of a significant change in circumstances. These circumstances may include a job loss, a significant increase or decrease in income, a medical emergency, an unexpected expense, or a change in custody arrangements. It is essential to note that the change must be substantial enough to warrant a modification. A small increase in income or minor changes in expenses may not be enough to pursue a modification.
Evidence Needed to Prove a Modification Is Necessary
To seek a modification, gather evidence to show how the changes that have occurred have affected your financial situation. For instance, if you lost your job, provide documentation that shows the date of termination, severance, and any unemployment compensation received. If you experienced a medical emergency that depleted your savings, provide copies of medical bills and other evidence to prove how the expense impacted your finances. This documentation can be useful in demonstrating the need for a modification in court.
Why You Need An Experienced Attorney
One of the most critical aspects of child support modifications is working with an experienced family law attorney. A lawyer can evaluate your case, gather evidence, and build a compelling argument to present the court. Additionally, they can ensure that the other party complies with the modifications once ordered by the court. If you work with a lawyer, they can handle the legalities, leaving you better positioned to focus on your day-to-day life.
It is essential to note that modifications can go both ways; they may not always result in an increase in child support. For instance, if the non-custodial parent loses a job and experiences a significant reduction in income, they can seek a modification of the child support order to lower their support obligation. An experienced family law attorney can help the non-custodial parent prove that their financial situation has changed, justifying a reduction in their obligation.
Contact Schmidt Bresnahan Law Group, LLC
In the end, if you're seeking child support modifications, you must gather evidence to support the changes in your financial circumstances. It would be best if you worked with an experienced family law attorney to evaluate your case, gather evidence, and build a solid argument in court.