Changing an Established Child Support Order

When you have children and you and your spouse go through a divorce, child support can be established at this time. Even when both parties share legal and physical custody, if one parent makes much less money than the other, then child support can be ordered. The goal of child support is to make sure the children live in two homes that are equitable. If one parent was the stay at home parent for years while the other built a career, equitable homes aren't generally possible without child support.

Whether you are paying child support or receiving it, the only way to change child support obligations is to file a modification in court.

To Get Child Support Lowered

It isn't easy to get your child support payments lowered. In addition, if you are behind in child support payments, you are going to owe the money no matter what. If you lose a job through no fault of your own, you can file for a modification of your support payments because there is a change in your circumstances. You want to make sure that you have a good reason why you are not working, and you will want to prove that you are actively looking for work. 

If Child Support Is Incorrect

You may discover that your ex has a much better job than they reported to the court during your child support negotiations. If you are sure that your ex is making more money than reported, you can file a modification to have the child support changed. The judge can order your ex to provide check stubs to prove their income. If they are in fact making more than when your child support was established, you are likely to get more child support each week.

When Child Support Is in Arrears

When your ex is obligated to pay child support but doesn't, you will need to bring your ex back to court for the arrears. Once support payments are behind at least a few months, the judge can order payments or order incarceration if the payments are not made. Going to jail is usually a big deterrent and will get your child support payments out of arrears.

If you have a child support order that is not accurate, contact an attorney to see how to file for a modification. You will need to bring your ex back to court to modify the original support decree, but it will be worth it when you start to get your fair share of payments