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How to Request a Child Support Modification

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When it comes to changing child support orders, there are many things that can make the situation more complicated than you may have imagined. Depending on where you live, the requirements for modifying an order can vary from state to state.

What You Need to Know About Changing Support Orders

In general, a person who is asking for a modification must show that there has been a significant change in circumstances since the original order was issued. This can be a substantial decrease in income, or an increase that makes the current order unfair.

A major change in the needs of a child is another common reason to file for a modification. This could include changes in health care, a move, or the need to provide extra financial assistance for special needs such as a college education.

This can also mean that one parent’s employment has changed and the other parent no longer has enough work to support the child. The judge will consider this change and determine whether it is substantial enough to warrant a modification.

What You Need to Know About Modifications and the Guidelines

Generally, the law sets out a formula for child support, based on the number of children being supported, how much each parent earns, and other factors. These amounts are referred to as the “Guidelines.” However, judges have some leeway in applying these Guidelines.

For example, the court can grant a modification if either party’s income changes by 15% or more from their previous income level. The court can also modify an existing order if fewer than three years have passed since the original child support order was issued.

How to Request a Change in Support

Once per year, you can ask your other parent for documents like tax returns and pay stubs showing their income for the prior calendar year. You can also get the information by filing a written request with the other parent within 30 days of the year that you want to know.

It’s not always easy to find out what the other parent is earning, so it’s a good idea to get the information from them. The other parent can provide it to you in writing once a year and within a court case, you can obtain it through discovery.

How to Make a Request for a Child Support Modification

If you are requesting a child support modification, the first thing you need to do is to prepare a petition. This will contain your reasons for the requested modification, and a summary of any information that you believe is relevant to proving the reasons. It will also include your financial statements, which should show your income and expenses.

The next step is to file the petition in court. The judge will then decide if the modification is appropriate and issue a new child support order. Until the judge issues a new order, you will still be legally obligated to pay the amount set in your original support order. It is also a process that requires a lot of work and legwork to get approved by a judge, and to be finalized. This is why it is so important to have a Miami family lawyer at your side as you go through the process. For more details visit https://www.themiamidivorceattorneys.net/.

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