If the amount in child support you have
been receiving does not cover your child's basic need anymore, you can request
a court to increase child support payments. You will need and should have a
divorce lawyer by your side working with you on this. You can find one right
here: http://divorce.usattorneys.com/.
Show
an Extensive Change in Circumstances
Although the particular requirements
differ from one state to another, more often than not, to increase child
support payments you will need to establish that after the present existing
court order came into force circumstances changed significantly. This could be
a change in the children’s needs, increase or reduction in salary, and other
relevant issues. A divorce attorney can throw light on this issue, if
necessary.
Some of the reasons for an increase in
child support include:
- There is a considerable increase in the income of the non-custodial parent or paying parent, typically 10% or more. For the most part, courts consider if the child’s best interests are served and lives in fairly equal circumstances while staying in the home of either parent. Your divorce lawyer will be your guiding force at this juncture.
- There is a substantial decrease in the custodial parent’s income of 10% or more. In a deficient economy, which we are in now, in case the custodial parent loses his/her job involuntarily, the said parent might need a substantial increase in child support even if it is temporary.
- A substantial increase means medical, educational, and age-related expenses, or increases in the cost-of-living. Substantial changes such as these must be dependent on any intentional actions by both parents.
Divorce lawyers reiterate that it is
necessary to obtain court approval for child support modification. A parent who
seeks to change child support has to move the court and gain an order
indicating the new amount. Or else, the primary child support order remains the
sole official record of the sum of money owing.
Besides, a court will not enforce any
child support agreements, made verbally. In case the paying parent falls behind
in payments and the custodial parent requests a judge to assist in the
collection of support payments the court refers to the original support order.
In case the parents fail to agree, then
they should argue their respective cases at court and this means spending money
on extra court costs as well as attorney's fees.
Getting
Help
If the other parent refuses to go along
with the change you request, then chances are that you will end up in court.
Oftentimes, judges are often not willing to bring in changes to child support
if the requesting parent fails to put forward a sound argument in favor of the
best interests of the child.
Court proceedings can be complicated
affairs while navigating through the legal process can be a daunting task. If
you happen to seek increased support for your child, your best bet is to hire a
divorce lawyer who will counsel you about your rights and represent your
interests in court, if necessary.
If life gives you lemons, make lemonade. Hire a divorce lawyer using this site: http://divorce.usattorneys.com/. |
No one said life is easy and at times
life is more difficult than it usually is but there some things in life
that you can do to make your life easier. There are some things in life that
are under your control. You could not control your spouse who chose to have an
affair, or ring up massive credit card debts behind your back, or chose to run
away to the bottle every time there was a slight issue, you could not control
these things but you can dictate how you handle this divorce. You need a legal
representative by your side offering you legal counsel.
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