Child Support can Change
Posted on January 16th, 2020 by Oddo & Babat, P.C.
Personal Injury Lawyer
Child support is a part of family law. It generally starts when parents get a divorce. It is used to ensure the child is kept in the same standard of living and type of environment that your child has been used to. Essentially, courts look to keep the family intact, even through divorce.
Child support is court-ordered and is usually used for food, clothing, school, housing, and medical. Courts determine child support by looking at which parent has custody more often. That parent will generally receive some support from the other parent. This is in an effort to ensure both parents are equally funding their child’s care. The payments are based on each parent’s earning potential and their ability to pay.
If you have been ordered to pay child support to your former spouse, it doesn’t have to be that way forever. The biggest factor courts consider when determining the amount of child support is your income. If your income has changed then so should your child support.
Maybe your company recently had a layoff. Maybe there was a freeze on pay increases. That doesn’t mean your expenses stay constant. Your rent goes up. Your gas goes up. Your utilities go up. If you have been laid off or had a freeze in your pay increases, you have less disposable income. The court needs to know.
While you want the best for your child, you also need to make sure you can support yourself. These are the types of circumstances the court will consider when modifying child support obligations. Just because you are not the custodial parent doesn’t mean your rights are any less important.
Having a modification put into effect, even temporarily, is not an easy or short process. You need to begin as soon as you can.
Until your request has been granted, you must continue to pay your child support obligations. If you don’t, the court will consider this as a negative strike against you even considering the circumstances. We have the experience and the skill required to ensure you continue to meet your obligations but also successfully modify the obligations to better fit your change in lifestyle.
Child support is not forever. It will end when your child reaches adulthood. Even if your child is close to adulthood, you shouldn’t wait it out. You can get your child support modified. Even if that’s only a few months of savings, that’s money you wouldn’t otherwise have, money that you can use to support yourself during your transition.
Don’t delay any longer. Your ability to continue with your obligations to your child and to yourself depend on it. A child custody lawyer, can help you every step of the way.
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