Part of getting a divorce is working out child support. This is something that is done during the divorce proceedings. However, there may come a time when, for whatever reason, life circumstances change and a modification will be needed to the child support agreement. Child support is fluid and can be changed as long as proof can be shown to support the change in payment amounts. Here are some things to remember when the child support agreement needs to be modified:
Parents Can Amicably Change the Agreement
If you and your former spouse are on good speaking terms, you may change the child support payments yourself. You will need to be able to calmly talk about your financial issues that will require a change and come up with what you both consider a fair payment. The only thing you will need to do is submit your child support modification to the court so that it can be approved. As long as the judge deems the change reasonable, he or she will approve it quickly.
Asking the Court For a Modification
In many cases, divorced couples are not able to fairly and openly discuss child support, so the court will need to be involved. You will need to request a court hearing to make a change in the payment amount. You will both have the opportunity to argue why or why not the child support arrangement should be modified. You will both need to show proof in a change of income or financial status that will cause a need for an adjustment in the child support payment. If the judge determines that the change in child support is due to a temporary financial need, he or she can opt to make the change in payments temporary as well.
Seek Child Support Modifications Quickly
If the paying parent is anticipating a change in his or her financial situation that can cause an inability to make the regular payment, a change order should be requested quickly. There can be some significant legal repercussions for missing child support payments. Negative impacts to financial circumstances that can lead to bankruptcy should also be carefully considered. If bankruptcy is anticipated, it is important to remember that any back child support payments are not going to be charged off in a bankruptcy. This is why the child support arrangement should be dealt with as soon as the paying parent knows about any negative changes in finances.
For more information, contact a law professional such as Lois Iannone Attorney at Law.