In nearly all states of the US, child support proceedings are part of divorce processes. Minors (below 18 years of age) are entitled to the same amount of support if their parents are living together. Each parent must show evidence of capability to provide child support during court hearings. This proof includes the latest pay check and tax returns. A parent may seek an amendment of child support for different reasons.
If you need the services of a competent lawyer to assist you in child support amendment concerns, contact us immediately. With more than 30 years of experience with divorce cases in the DC area, David Bach can provide competent and expert legal guidance with the goals of positive results.
Parents can seek a revision of child support because of a reduction of income. This happens frequently during an economic downturn. To amend child support, the parent concerned should present evidence of material change in their circumstance. What this means is you have involuntarily left your position or earning significantly less. Many people make the mistake of not going back to court to amend the amount of support.
A verbal agreement is not enough to decrease child support. If a parent was paying $350 and suddenly his or her income goes down, both parties settle for a lesser amount like $200. This can go on for two years until the person receiving child support goes back to court and demands the full payment. The judge cannot do anything to change it. That parent incurs arrears which should be paid in full. This amendment does not go back to the time that the parent started receiving less but to the date when the modification for child support was filed.
Increase in Support
The custodial parent may also contemplate in petitioning the court for additional child support if there is a significant rise of income. The amount of support may also go up if the need of the child increases. There can be permanent or temporary amendments depending on the requirements of the child. Associated expenses can become permanent if the kid has special requirements. If you need help in child support modification issues, call us for a consultation.