How To Fight A Child Support Modification. Even if you are having trouble making your full payment, it is important to pay as much as you can. 2d 580, 583 (¶9) (miss.
Trying to fight child support payment is a difficult, yet not entirely impossible process. I pay $300 a week for child support one of the girls just turned 18 and graduated high school so i decided to put 150 so my ex went down to the courthouse and put me in contempt of court and told me i had to wait for it to be modified before i can stop it i thought it made sense if i have two kids one is 18 then i take away the 150 so i only put 150 a week in her account it’s not good. Either party can request a review of the order if it has been in effect less than three years if substantial change in circumstances can be shown.
Asking The Local Child Support Agency (Lcsa) To Change A Child Support Order.
If a change significant enough to alter original support arrangements by about 20% is proposed, the state generally considers that. A discussion of when courts will consider modifying child support, and how a parent can approach challenging a modification petition, will follow below. If you have another child to support, the law allows for asking to reduce child support.
Either Party Can Request A Review Of The Order If It Has Been In Effect Less Than Three Years If Substantial Change In Circumstances Can Be Shown.
According to the statute of limitations set for a child support modification, an order will only be passed, or the case will be considered to start with if the amount of change will affect the original amount by at least 10%. In re marriage of pettifer, 304 ill. Changing a child support amount.
Once An Initial Support Order Is In Place, People's Lives Often Change, Sometimes For The Better.
It is possible to fight against a child support modification, but doing so may not be easy without a lawyer who has the required legal experience to aggressively advocate for your children’s best interests. If there is a prior court order in place that requires child support, a parent may file for modification any time there is a “substantial change in circumstances.”the substantial change may consist of a change income for either parent. These may include custody of another child or financial hardships;
Reduced Earnings, Increased Expenses, Etc.
“for a modification to occur, there must be a change in the child’s needs, an increase in the father’s income, or a change in the financial condition of the mother.”. The substantial change may also consist of a change in the overnight parenting pattern exercised by either parent. If you had become unemployed since the amount of his payments were calculated, the judge may say you can reduce support.
Gather Evidence Of Changes In Circumstances.
The modification of child support hearing begins with filing a form. If the lcsa is involved, either because they filed the case originally or 1 of the parents asked them to help with enforcement of the child support order, the parent who wants to change the order can ask the lcsa to file the paperwork to go to court. Remember that the keystone consideration for modification is a change in expenses of the child.