Getting divorced includes several stages. One crucial aspect of divorce when children are involved is child support. The key thing to remember is that child support is never a static issue. Changes to the agreement can be made at different points in time depending on the circumstances. At some point, your child support payments may become inadequate as far as meeting the needs of your child or children. In that case, you will need to go back to court to modify the agreement. Here are some things to keep in mind as you navigate this process:
Changes In Financial Circumstances
To be successful in increasing your child support payments, you are going to have to demonstrate that the current amount received is not adequate enough for the needs of the child. Factors such as school costs, medical costs, and cost of living can all be factored into the decision.
If your child's other parent has a change in financial circumstances, such as a significant increase in income, you can also use this as a basis for more child support. The judge may find that a dramatic increase in income will necessitate higher payments to the child so that both home environments are somewhat similar.
Going Through Court
In order to get more child support, you will have to go back to court and seek a modification. There are no rules that state you must go through the court in order to modify your agreement, but it is ideal to do so. You can speak to the other parent about needing changes made to your agreement, but it cannot be enforced legally without having an official modification through the court system. Once you file the necessary documents, you will have a hearing with a judge. If he or she decides that you have proven the need for increased child support, your agreement will be modified and the other parent is legally required to pay the new amount.
Many parents rely strongly on child support so that the children are properly fed, clothed, housed, and their needs are met. If the other parent is not cooperative in making a change in the agreement in child support after you have sought a modification, you will need to involve your attorney to see what your options are. He or she can help you file the necessary documentation to fight for the child support that is owed to you.
Talk with a child support lawyer, such as those at Cotto Law Firm P.C., for more information and assistance.