A child support Order may be modified by any parent whenever there has been a substantial or material change in the circumstances of either party (i.e., loss of employment, illness, lay off, reduced work hours, decreased or increased overnight time-sharing, disability, emancipation of minor, etc.). The parent who wants the modification, has the burden of proving that the change of circumstances is significant, material, involuntary, and permanent in nature.
The parent who wants to either reduce or increase the amount of child support, must file a Petition for Modification of Child Support along with a Family Law Financial Affidavit. This should be done immediately, because if the modification is approved, the judge will apply it retroactively to the date the Petition was filed. It’s important to understand that if the change in circumstances
The Court may find that the change was actually a “voluntary” one, in which case, the modification request would be denied. Also, the Court may find that although a parent is earning less income, they should be earning much more based on their employment history and experience and the Court may “impute” income to that parent.
Ensuring that your modification request has the best chance of being granted, it’s important to understand the burden of proof, the precedent established by other cases in the jurisdiction, and the law. Naturally, its a difficult task for anyone without a legal background and especially for those without exposure to family law. For the best chance at winning your Petition for Modification, you should obtain the services of a competent family law attorney.
Our law firm has represented many individuals (fathers and mothers) in modification cases. I am personally involved in every case from beginning through the very end, because that involvement allows me the insight to your particular case and your specific needs. I guide every one of my clients throughout the entire process and I explain the law as we go, so you will never feel lost and uninformed. Our law firm will provide you with the competent legal representation you deserve and we will develop the most effective strategy for your modification case.