A party who seeks to change in the amount of court ordered child support bears the burden of proving a substantial change in circumstances. A substantial change in circumstances is defined as significant, material, involuntary and permanent in nature. Child support may be modified only when such a occurs after the entry of the last court order and is accomplished by way of a Supplemental Petition for Modification.
Parties may seek reductions due to unforeseen job losses or other declines in income. In some cases, improved financial circumstances may form the basis for a change in support. The best interest of the child remains the standard for all such changes.
Once the court determines that a party has met the burden of proving a substantial change, the trial court must consider all of the statutory factors in recalculating the support. The procedure requires the parties to exchange financial affidavits and information. The timeshare schedule, health insurance and day care payments must be also be applied to the child support guidelines formula. This process may be tricky and one is best served by retaining qualified counsel at an early stage.
If you need to reduce your child support or if you have been served with a Supplemental Petition for Modification, contact the experienced family law attorneys for a consultation. We will be happy to assist you in this or with any other issues related to child support.
Posted August 15, 2015
