Life changes all the time, and parents who have an open case with the Office of Child Support Enforcement need to put to book any significant change in their financial situation. On the other hand, a child’s needs are also subject to changes. Whether receiving or paying child support, there is a point where changes relating to the amount payable becomes inevitable. Every state has specific guidelines about modifying child support agreements guided by the federal Office of Child Support Enforcement guidelines.
When is it appropriate to file for a child support modification?
The world is changing, and so should child support orders. The timing that leads to child support modification revolves around decreased or increased income. These primary factors make filing for a child support modification appropriate.
Increase or Decrease in Income
A decrease in income is a common issue in child support modification cases. In many cases, the parent behind on payments will claim that their income has been reduced by a certain amount and ask for a decrease in child support payments.
In California, child support can be modified if the father’s income increases. Just like we all know that sometimes people have to work more hours or take on different jobs, sometimes they can get a promotion and make more money for their children. So if one is seeking to modify child support in California, they must also prove that their income has increased to increase their contribution to a child support order.
New Needs of the Minor
Although minors are considered children under 18, there might be provisions for adult children deemed incapable due to disabilities. Children’s needs increase as they age, which prompts an increase in expenses, such as;
- Change of schools
- Support for disabilities
- Extracurricular activities and sports
- Extra classes
- Medical care
- Dental care, for example, braces
- Better toys
A custodial parent may petition for additional contribution when the child’s expenses become unmanageable.
Imprisonment
Child support modification due to incarceration depends on the state. The Final Rule by the Office of Child Support Enforcement proposes that states consider imprisonment “involuntary unemployment,” which may be a ground for modification. However, this rule does not apply across all states.
According to the Florida Department of Revenue, the Supreme court in Florida determined that imprisonment does not excuse a parent’s existing order for child support payments.
New Children
There is nothing wrong with moving on with life. The obligor may seek child support modification when they remarry or have other children. When this happens, they may petition the court to reduce the contribution of one child so that there is equivalent support for all children. However, if the custodial parent has more children, there will be no additional support from the obligor in the original child support agreement.
Cost-of-living changes
In some states, child support orders provide cost-of-living adjustments (COLA), which are automatically affected every couple of years. However, some states require the parents to file for modifications based on a significant increase in the cost of living.
Steps needed to file for a modification
The step one can take when requesting a child modification depends on the mode of request they have decided to take. These are the three ways to request a change in child support:
Modification Agreements
It is easier to work out an agreement with the co-parent when modifying a child support agreement. However, it is easier said than done, and it is treacherous to depend on an informal agreement since it is hard seeking the court for enforcement.
It is important to note that the existing order legally binds the obligor, and the child support enforcement measures cannot be effective if they, for example, verbally agreed to pay more, which needs to be put on record.
Agency Review of Child Support
Every state has a child support enforcement agency responsible for reviewing child support orders to establish whether they meet the child’s needs or if some adjustments are needed. During this process, parents must submit their financial information and documentation to the agency, which may file a modification with the court.
In some states, child support agencies can determine the modification without requesting a modification request from the court.
Court Proceedings to Modify Child Support
Every parent’s dream is to take good care of their children and give them everything they need, even when they must make sacrifices to help them have a better life. Sometimes it becomes a burden, and only some amendments must be made.
Either parent may seek child support modification through a notice of motion in the same court that issued an existing child support order. The application should explain the circumstances and the prayers to change the amount in the primary order. The court will schedule a hearing date, and both parties are subjected to a formal hearing to table their testimony and supporting documents.
The judge decides based on the evidence, and a copy of the ruling is availed to both parties. If either party is dissatisfied, they can appeal the decision within some stipulated time.
Required documents and forms
When filing for a child support modification, the proper documents save time, money, and stress. Both parents’ financial statements are crucial when determining the child support modification in request. Some of the critical documents and forms required include:
- Birth certificate for the children for whom you are seeking child support
- Proof of physical address
- A valid photo ID such as a driver’s license.
- The other parent’s contact information, such as the physical address of the place of employment
- Supporting documents about current income, debts, assets, and expenses.
- Affidavits
- Previous payments
- Existent orders
- Divorce decree, if applicable
- Proof of income
- Proof of paternity
- Medical records, if necessary
When does a modified agreement become effective?
A modified child support agreement can only be effective if the previous order is revoked; in this case, a new order is the primary order subject to enforcement. However, any accrued arrearages in the previous order are subject to garnishment. Some states have the authority to charge interest on such debts. Contact Stephenson, Chávarri & Dawson, LLC at 504-523-6496 or fill out our online contact form to request an initial consultation.
