Child support is a parental responsibility that parents may owe to their children under the law. It is common for the parent paying support to feel angry about that obligation because it generates financial stress for them. The parent receiving the payments may also be unhappy with the arrangements because the support often comes nowhere close to the monthly costs involved in providing for children.
The rules regulating child support try to strike a balance between the economic needs of the parent paying and the support needs of the children. Typically, the parent paying support has to continue doing so until the support order ends. However, sometimes it is possible to change or modify an existing child support order.
What are some of the scenarios that may lead to a child support modification?
Job loss and other financial setbacks
Frequently, the parent paying support is the one who seeks a modification of the order. They can request that the courts decrease their support when they lose their job, get demoted or take a pay cut. The income of both parents is one of the factors the state considers. Those who can no longer afford support because of changes in their circumstances may need to ask the courts to review and modify the support order.
An improvement in circumstances
Sometimes, the parent paying child support learns that the recipient parent has obtained a better job or received a substantial raise. When there is evidence that the recipient parent has substantially improved their financial circumstances, that might lead to the courts reducing the amount of child support the other parent pays. On the other hand, the parent receiving child support could ask for a modification when the parent paying improves their circumstances. A significant increase in their income could lead to a good fortune increase in the child support they pay.
A shift in child-related expenses
Perhaps the parents agreed long ago to move the children to private school once they reached high school age. Maybe one of the children experiences a medical emergency that results in an influx of medical costs and a drastic increase in their medical expenses. In scenarios where the costs of caring for the children have substantially increased, the parent receiving support can sometimes ask for additional support to help them cover that increased cost of care. The state considers the basic expenses of the children in addition to income and other factors.
Formal modifications are the only surefire way to avoid enforcement activities. The parent paying support typically cannot reach an informal agreement with the other parent without putting themselves at risk of the state taking action. The parent receiving support may not want to agree to an informal arrangement either, as the parent paying might change their mind at any point. For these reasons, pursuing a formal child support modification is often a necessary legal move after a change in household finances.