Gumm & Green, LLP, Attorneys at Law
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Will a child support modification work for you?

Children need the support of their parents physically, mentally and emotionally. After a divorce, the court will likely put a court-ordered physical child support payment arrangement in place.

As a child enters different development stages, the need for child support may change. Alternatively, a parent may go through circumstances requiring a shift in finances, including the payment. Either way, there are a few things to consider to determine if a child support modification may work for you.

Eligibility

Establishing child support takes time and deliberate planning. Therefore, the number one stipulation for applying for a modification is that the original plan must be in place for a set amount of time. Along with that, the party requesting the modification must be able to show a change in circumstances that warrants the modification. This change in status may be a change in the financial or physical status of the parent, or a change in the needs of the child or household the child lives in, such as a parent having another child.

Factors

There are a few different factors that the courts take into consideration in determining the child support amount. It is important to understand that these factors may affect the calculation in different ways. In fact, a parent may request a modification in hopes to reduce the amount, and a new factor in the support calculation may increase the amount or vice versa.

The calculation

In an effort to ensure the fairness of child support calculations, the courts utilize a particular calculation method to determine the initial amount and any subsequent modification amounts. Once a judge determines the two amounts, he or she compares them and the evidence present to determine if the modification is warranted, as well as if the amount is appropriate. If the judge decides to impose the modification, it goes into effect for the next month's payment.

Understanding the laws that govern child support payments and modifications is key. To ensure you understand the most effective means to reach the conclusion you desire, it may be beneficial to consult with a knowledgeable professional.

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