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Modification of Child Support

Are you receiving child support and believe that your spouse that is paying child support got a raise in his or her salary?

Are you paying child support and have gotten a pay cut, or lost your job?

You may be able to file a petition with the court for a Modification of Child Support.

In order to file a petition for modification of child support with the court, you will need the following to have happened:

1. A substantial and material change in circumstance.
2. That was not anticipated at the time of settlement or trial.
3. That is not temporary, but permanent.

That means it must be significant, material, involuntary and permanent.

If you or your spouse are now making fifteen percent (15%) more or less than at the time you settled or went to trial, you may be able to modify the child support upward or downward. You would need to know the gross income and or net income the court used for you and your spouse at the time of the settlement, or trial; and the current gross income and or net income of you and your spouse.

A spouse cannot simply decide that they are quitting their job, or reducing the hours they work in order to get a reduction in child support. That will not work.

A temporary reduction in salary for a few months probably will not be enough.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.