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During a divorce, it is not uncommon for a judge to order one parent to pay child support. This support is legally binding and cannot be changed unless one spouse petitions the court to modify it. The courts will only change these orders under certain circumstances, however. If you are considering asking the court to change your child support order, below are the few scenarios in which a judge may consider making the change.
In some cases, the parent that is paying child support may experience a decrease in income. This is most often due to unemployment and leads to the payer of support no longer being able to afford it. When this is the case, the spouse may petition the court asking to modify the child support order, at least temporarily. They will likely have to prove that they did in fact, lose their job and that they are having a difficult time finding another job.
Just as the person paying the child support can ask to modify the child support order when they experience a decrease in income, the spouse receiving the child support can ask to modify the order if the payer of support has an increase in income. This increase in income can be due to a career change, a promotion, or an inheritance. When the other parent wishes to petition the court to modify a child support order based on an increase in income, they may have to show that they require additional support and are not simply asking based on the change of their ex-spouse’s income.
In some cases, the parent paying child support may have a change in their family life. They may become remarried or have additional children. When this is the case, the courts will recognize that the spouse is also legally responsible for contributing to the financial support of their new family. In these instances, the courts may grant a child support modification.
Sometimes, a child’s needs change. They may require braces or a uniform for school. In some cases, they may develop conditions or illnesses that require long-term ongoing care. When this is the case, the custodial parent will likely find the financial responsibility for the child to be greater and so, they may petition the court to modify the child support order to reflect that.
Although it is possible to modify a child support order, it is not easy. Our skilled Hinsdale family lawyers at the Law Office of Martoccio & Martoccio can help. We will create a strong case for you, outline your arguments for modifying a support order, and ensure the paperwork is filed properly. If you need to adjust your child support order, call us today at 630-920-8855 to schedule your free initial consultation to speak to one of our attorneys.